Subject: DEP Air Permits-Conversation w/ Martha Nebelsiek re Consolidation & Related Matters
From: [email-masked]
To: [email-masked], [email-masked], [email-masked]
Cc: [email-masked]
Date: Wed, 7 Nov 2001 17:28:29 -0800 (PST)

Kay, Steve, Ben and Ryan,
       I spoke with Martha today on the subject referred to above and she
advised me of the following :  
      1.   DEP is not contemplating a single, consolidated permit but an air
permit  for each of the Pompano Beach and Deerfield Beach facilities.   
       2.   The petitioning local governments have no objection to the
consolidation proposed by DEP (no surprises there).   
        3.   Martha wants our input as to which ALJ we would prefer to hear
the case should DEP's request for consolidation be granted.   (  The upside
to suggesting Judge Alexander is that we know that he have already reserved
his time for a 4-day hearing in January.  Otherwise, we might choose Judge
Stampelos based upon the prior comments that we have received from our
Tallahassee attorneys, although both Judges were considered to be good.).   
          4. Martha indicated previously that she is looking for a hearing
in January, depending upon which ALJ hears the case and his particular
schedule. 
          5.  Martha advised me that she will file her request for
consolidation late tomorrow afternoon.  I told her, as we discussed in our
conference call, that if she does not hear from me to the contrary, then we
oppose the consolidation at this time.   
          6.  Martha agreed to provide us with the permit language that DEP
is proposing in connection with its Notice of Change of Agency Position  on
the Pompano Beach proceeding as soon as Al Linero completes the drafting and
she reviews the proposed permit conditions with him.  Martha expects to
provide us with the proposed permit language next  Monday or Tuesday. 
          7.  The petitioning local governments have served DEP with
discovery.  I have yet to receive a copy of the discovery but Martha intends
to meet with Al Linero this Friday to discuss  DEP's response. 
          Based upon the foregoing, please advise me if you want me to
convey any further message to Martha prior to her filing of the motion for
consolidation tomorrow afternoon.  Specifically, I am interested in your
thoughts on our preference on the Judge that will hear the proceeding, if
consolidated, and whether we have any objection to DEP's filing the motion
for consolidation in which she will note our objection.  As we discussed in
our conference call, we can assert our position more fully in a subsequent
response to the motion for consolidation and can withdraw our objection if
we change our mind.     
         Thanks !  Kerri 

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