Enron Mail

From:vwolf@swlaw.com
To:jerry.d.martin@enron.com
Subject:Re: Red Rock: Pre-Permit Construction
Cc:arnold.l.eisenstein@enron.com, john.shafer@enron.com,larry.campbell@enron.com, louis.soldano@enron.com, william.kendrick@enron.com
Bcc:arnold.l.eisenstein@enron.com, john.shafer@enron.com,larry.campbell@enron.com, louis.soldano@enron.com, william.kendrick@enron.com
Date:Wed, 3 Oct 2001 04:55:00 -0700 (PDT)

Jerry,
I just spoke with Steve Burr (he had been in Kingman last two days dealing
with county air issues and town council). He was unequivocal that we could
not construct buildings and foundations because these are "activities ... of
a permanent nature." This phrasing is from the definition of "begin actual
construction" (ARS 49-401.01(5)), which is not allowed for modificastion of a
major source until the permit is issued. In our discussion last week, Steve
was suggesting that we could do this if we had a "minor" source, but Larry
corrected our thinking, stating that the equipment emits more than 250 tons
per yr NOx, which is the threshhold between "major" and "minor" source.
Our strategy now is to make sure that everyone keeps to the schedule, as set
forth in your Sept 28 letter to Nancy. It will be especially important to
send the EPA materials to Prabhat (copy of cover letter to Nancy and Cathy,
copy also me) as quickly as possible and then to make sure that the meetings
scheduled for this Friday (Oct 5) occur; let me know if I can help bird-dog
anything.
When Sara can get me more details about the Idaho "fast-track" policy, I will
pass this on to Steve Burr to see if there is any interest in integrating
some of these ideas for natural gas transmission lines, which is the shortage
problem in Arizona (current glut is built/permitted/under construction
generation facilities).
Van

<<< <Jerry.D.Martin@enron.com< 10/2/2001 8:14:58 PM <<<
Van, were you ever able to talk to Steve Burr to clarify the extent of
acceptable pre-permit construction activities? I still know that I heard
from Nancy that we could build "anything that doesn't have emissions," and
I'm not ready to give up yet -- still trying to mitigate the late
acquisition of the permit. And, they pay me to worry about things that can
go wrong in construction.

Thanks,
Jerry



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