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1. <br />Director Mansour said that this is subject to litigation, so he would defer to counsel because we <br />still are negotiating with EPA. Therefore he does not want to jeopardize any litigation issues as <br />we move forward. <br />Chair Adams asked what are the process steps that follow the notice of violation. <br />Counsel SalasFerguson said because he does not advise the Department, only the Commission, <br />he has no involvement in the notice of violation or anything else. But he could speak generally <br />on litigation. It’s not full-blown litigation because it’s not in court, but his understanding is that <br />the Department signed an agreement, and there’s a re-look or a re-negotiation of agreement <br />that is probably going to happen after the notice of violation. It’s going to be the Department <br />negotiating with the Environmental Protection Agency on the steps moving forward, and all of <br />these communications are protected by attorney-client privilege. The Director can consult with <br />his attorney and decide what they would want to publicly disclose and all those strategies and <br />what they are going to do and their discussions with the federal government would be covered <br />by attorney-client privilege and would not be open for public disclosure. <br />Chair Adams said from her experience with notices of violation there may or may not be <br />penalties or changes in the agreement. It’s a negotiation. <br />Commissioner McIntosh understood the attorney-client privilege but it’s frustrating because we <br />don’t know what is happening or what is going on. When are we going to know what you are <br />going to build or what you have chosen? Are we going to know after it’s built? It just seems like <br />everything is being pushed down the road and we’re not really being told anything. Sometimes <br />something is dropped out or the feds will say something, but we don’t know what is happening, <br />and are wondering when it will happen. What is happening, when can you tell us something? <br />Director Mansour said definitely something is happening, and you are going to know before we <br />proceed with design or the construction. You will definitely know, not after it’s constructed. <br />Commissioner Cardwell asked what is the timeline for litigation, and how much longer will the <br />litigation process go on. <br />Director Mansour clarified that it’s not actually in court to litigate, it’s the potential of litigation. <br />Right now it’s negotiation or you call it settlement or a stipulation in the agreement as what we <br />agree on. Maybe it’s going to be some kind of settlement agreement. He doesn’t know the <br />actual process, but once that is determined, hewould imagine everything goes back to normal <br />and you will know. <br />Commissioner Cardwell asked if he knew the timeline for that, whether it was a matter of <br />months or years. <br />23 <br /> <br /> <br />