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Attached are more permit matrix suggestions (real estate) made available to
Reagan Rorschach on Permitting matters. Bill Lane of Kilpatrick Stockton called earlier with Environmental permit input and I passed that input on the Reagan. I have a good comfort level about the accuracy and depth of the Permitting/Regulatory Due Diligence effort at this point. Outstanding Regulatory Items on my "To Do" List are to (i) finalize the EWG Application and get it filed with the FERC; (ii) inquire about the need for and mechanics of getting a Power Marketer Certificate for North Carolina Power Holdings, LLC or for the two LLCs that is acquiring and (iii) receive feedback from Bracewell and Patterson on Regean's Permit Matrix. I will be forwarding my comments on the DASH to Dwight by 4:00 p.m. this afternoon. I have scheduled a meeting with Mark Haedicke for 10:00 a.m. on Tuesday, January 9 to review my Risk Memo and the DASH prior to Dave Delainey's return to Houston. More Updates later, Steve ----- Forwarded by Steve Van Hooser/HOU/ECT on 01/05/2001 01:40 PM ----- "Duncan, Allyson" <ADuncan@KilpatrickStockton.com< 01/05/2001 10:43 AM To: "'Steve.Van.Hooser@enron.com'" <Steve.Van.Hooser@enron.com<, "'Reagan.Rorschach@enron.com'" <Reagan.Rorschach@enron.com< cc: Subject: FW: Permits for Cogentrix Plants; #247747 Comments from the real estate attorney. Please let me know if you want clarification of follow up. None of the things he mentions are of the shut-down magnitude type, even if you do ultimately need them. -----Original Message----- From: Benson, Jeff Sent: Friday, January 05, 2001 11:21 AM To: Duncan, Allyson Subject: RE: Permits for Cogentrix Plants; #247747 Allyson - Assuming that we're just taking over an existing permitted facility, I do not think that there are additional necessary real estate permits. There are a few thoughts that may or may not be applicable, depending on what is planned at the facility. - If there is an elevator at the facility, they are permitted by the Department of Labor. The client will need to notify the Department of name change and will then the elevator(s) will be inspected in the normal course and licensed under our client's name. - It is my understanding that there will not be construction activities - if this is incorrect, our client will need (a)land disturbance (also called grading) permit, (b) building permit. Upon completion, any new construction would receive certificate of occupancy. - I don't think they are planning subdivision but any subdivision contemplated for the property would require applicable city/county approvals. The nature of those approvals would depend on the circumstances. Jeffrey A. Benson Kilpatrick Stockton LLP 3737 Glenwood Ave., Suite 400 Raleigh, NC 27612 Ph: 919-420-1773 Fx: 919-420-1800 -----Original Message----- From: Duncan, Allyson Sent: Friday, January 05, 2001 9:43 AM To: Lane, Bill; Benson, Jeff Subject: FW: Permits for Cogentrix Plants; #247747 Could you please take a look at the attached matrix and see if you can think of any other licenses and permits that could arisse that would shut down this facililty? As usual with things involving Enron, they want it right away. Thanks. -----Original Message----- From: Steve.Van.Hooser@enron.com [mailto:Steve.Van.Hooser@enron.com] Sent: Thursday, January 04, 2001 4:52 PM To: aduncan@kilstock.com; blane@kilstock.com; cthompson@bracepatt.com Cc: Reagan.Rorschach@enron.com; Dwight.Beach@enron.com Subject: Permits for Cogentrix Plants Allyson, Bill and Clark: Following up on my e:mail to Allyson of yesterday, I am forwarding a more complete permit listing prepared by Reagan Rorchach of Enron's Power Development Group. I would appreciate your reviewing the attached with an eye toward any customary permits that appear to missing. Please give me a call as soon as possible. I plan to meet with Reagan tomorrow morning on this work product. Thanks, Steve ----- Forwarded by Steve Van Hooser/HOU/ECT on 01/04/2001 03:12 PM ----- Reagan Rorschach@ENR To: Steve Van Hooser/HOU/ECT@ECT, Dwight Beach/HOU/ECT@ECT, Glenn ON Wright/Corp/Enron@ENRON, Heather Kroll/HOU/ECT@ECT, Ozzie Pagan/HOU/ECT@ECT, Fred Mitro/HOU/ECT@ECT, Dave Kellermeyer/HOU/ECT@ECT 01/04/2001 cc: 03:01 PM Subject: Permit Issues Attached is the most recent permit matrix (see the second tab of the spreadsheet). I still have some outstanding issues as some phone calls have not been returned. I expect those to be resolved tommorrow. If you can think of anything else, please let me know, and I'll take care of it. Issues requiring action are bolded in red in the spreadsheet. Brief summary-- I cannot find record of a stormwater permit for the coal handling facility. I think they need one, Dave K.?? I need to know how tall the stacks are at each plant. If they are under 200 feet, they may not be regulated. However, we should examine the FAA notifying criteria (height and location) to evaluate compliance. Are there any antennae or transmitters on the stacks? FCC permits will be involved (or need to be) if they do. Is the coal handling facility in the Lumberton city limits? I am getting conflicting reports on this from the locals. Lastly, I have not asked for written confirmation for any of the information gathered so far. If we need it; however, I can get it. Please review and comment. Thanks, Reagan Rorschach x5.3363 (See attached file: Alamac Permit Matrix.xls)
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