20010635 Ver 1_Emails_20030321

Re: Mountain Air 401 certification (#3390)
Subject: Re: Mountain Air 401 certification (#3390)
Date: Fri, 21 Mar 2003 16:11:04 -0500
From: "Sueanna Sumpter" <WOssumptC mail.jus.state.nc.us>
To: <[e-mail]>
John, can we do this Monday? My brain is fried. If you won't be available next week, call me at 828-251-6083, and 1'll do the best [can.
Thanks.
Sueanna
»> John Dorney <[e-mail] 03/21/03 03:59PM »>
please call me to discuss (i would call you but can't find the number!) at 919-733-9646. i'll be here until 5 pm. thankx
Sueanna Sumpter wrote:
sorry John. Things have been a little crazy up here this week. 1'll fax asap. By the way, Mona is getting really pushy about setting up a conference with you.
What does your schedule look like next week? We are to have a conference call with the ALJ on (April to determine if the petitioners in the Hensley case
should be allowed to continue that matter. I'm not inclined to oppose the motion, what do you want?Sueanna
»> John Dorney <[e-mail] 03/21/03 03:36PM »>
got your fax. close but no cigar. what i need is the copy of DWQ/AG letter dated febtvrary 2, 2003. thankxSueanna Sumpter wrote:
ATTORNEY-CLIENT COMMUNICATIONPrivileged and Not Public Record During a telephone conference call conducted by the ALI nn 27 February,
Mountain Air's motion to dismiss was allowed as to 2 of the third-party petitioners. As you will recall, [he original petitioners were Nancy Hensley, Diane
Kent, June Engman, and Hope Taylor (Clean Water of North Carolina). The OAH found that petitioners Engman and Taylor lack standing to pursue the
action, but allowed the cases of petitioners Hensley and Kent to proceed. Yesterday, Hope Taylor called me with the contact information for [he 2
remaining petitioner. (Up until then, we had no address other than hers). The 2 remaining petitioners are attempting to obtain counsel to represent them at
the hearing, and are seeking a continuance. We will likely have a conference call with the ALJ this week. I understand the Mountain Air will oppose the
motion. Since we have not yet responded to the petitioners' discovery request, 1 am not sure we have good grounds for opposing [he continuance. [ am
inclined to take a neutral position on this, and let the petitioners fight it out with Mountain Air. [f a continuance is allowed, we will need to continue
Mountain Air's appeal as well.I faxed you the discovery request last week. We need to discuss these, as we will object to some of the questions.
Specifically, we will object to those requests seeking discovery from the Division of Land Resources or any agency within DENR, other than the Division o
Water Quality. John, please let me know when you and Mike can be available to discuss these requests briefly by telephone. I think it will save us all time
in the long run. Also, the hearing as now scheduled is only a week or so away. We are required to give these folks answers (or valid objections) to their
questions, or we will be subject to sanctions. Finally, John, we need to respond to Mountain Air's settlement letter. Please have your staff take a look a[ it
and let's try to get Mona O'Bryant a response in the next day or two. She is getting anxious and 1 am growing weary of her voice mails and e-mails. Plus, it
will really simplify the hearing if we have only the 3rd party petitioners to contend with.I'll let you know what the ALJ says about the continuance. In the
meantime, please feel free to call me with any questions you may have regarding the status of this matter. Sueanna
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