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Barbara Nightingale
From: AI Scalf
Sent: Wednesday, May 31,20069:15 AM
To: 'Powers & Therrien'
Cc: Barbara Nightingale; Rick Rozzell; LewisHale@aol.com
Subject: RE: SHB Decision
Les
We are reviewing the remand. We have not decided on the next step. I will inform you of any decision on our
part per your request.
AI
-----Original Message-----
From: Powers & Therrien [mailto:powers_therrien@yvn.com]
Sent: Tuesday, May 3D, 2006 11:35 AM
To: AI Scalf
Cc: Powers & Therrien; Barbara Nightingale; Rick Rozzell; LewisHale@aol.com
Subject: SHB Decision
AI:
The SHB remanded the SSDP application for Ludlow Cove II (the "Application") to Jefferson County for
actions consistent with the opinion. I am completely unsure what actions Jefferson County can and will
take with respect to the Application. It was part of a consolidated permit application, the balance of which
was denied by final governmental action. How do you intend to rejoin the Application to the remaining
*'. \ permit applications that are now subject to a LUPA petition? Are we to apReal the applicatiQ!l!~t tQ the
appellate hearing exa~? Since the application should have been inClUded in the first appeal, does the
fee paid for the first appeal cover any further appeal of the Application? When does the appeal period
run? Assuming that the AHE denies the Application, is that denial a basis for a new petition to the SHB?
~ow can the Application ~sidered part of a consolidated permit application when it has been
separated in this fashion hat is the efte ration? Isn't any further administrative appeal
pen to any person who rovi. estimony and any governmental organization involved with the plenary
hearing? Considering the tone of Mr. Stewart's comment letter, I was surprised that the DOE failed to
respond to the plenary approval of the permits applications, including the Application.
Could you please provide me a protocol as to the way you want to handle the Application and its
processing. To avoid any question, I also want to be provided copies of any actual filing of the Application
as revised with the DOE.-:. ~
Les Powers
Powers & Therrien, P.S.
3502 Tieton Drive
Yakima, WA 98902
Phone: 509-453-8906
Fax: 509-453-0745
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