Issue 2. Whether BPA should reform the Settlement to correct a scrivener’s error in the definition of “Party” in section 2 of the April 22, 2011, version of the Settlement. 45
Issue 2. Section 2501 imposes a tax for each calendar year on the transfer of property by gift by any individual. Section 2511(a) provides that subject to limitations contained in chapter 12, the tax imposed by section 2501 shall apply whether the transfer is in trust or otherwise, whether the gift is direct or indirect, and whether the property is real or personal, tangible or intangible.
Issue 2. Whether the Settlement is unsound because the DSIs were not involved in all of the negotiations leading up to the proposed Settlement. 36
Issue 2. Whether BPA should examine whether the COUs that sign the Settlement have the authority to perform in accordance with its terms. 39
Issue 2. Whether BPA should propose amending the Settlement to allow additional entities to sign the Settlement. 48
Issue 2. Whether BPA should pay PF-02 Refund Amounts directly to Lost River Electric Cooperative and Salmon River Electric Cooperative and pay PF-02 Refund Amounts for all other PNGC members to PNGC for redistribution to its members. 50
Issue 2. 7.6 Parties’ Positions
Issue 2. Gender agreement when feminine and neuter nouns are conjoined
Issue 2. How would coal mining operations on the LBA tract and coal haulage via truck to the Port of Keota affect particulate matter (PM10—dust) emissions and subsequently air quality in Xxxxxxx and LeFlore counties? The geographic scopes of analysis associated with this issue are the State of Oklahoma and Xxxxxxx and XxXxxxx counties. These geographic scales are used in this analysis to provide multiple levels of context associated with PM10 emissions as a result of leasing and mining the LBA tract and coal haulage to the Port of Keota. The temporal scope of analysis is the life of mining on the LBA tract. This temporal scope was chosen because leasing and mining the LBA tract would no longer contribute to PM10 emissions within the spatial scope of analysis after mining of the LBA tract is completed. No sources (such as stationary engines) would be present that emit other criteria pollutants at levels requiring reporting, therefore they are not analyzed further.
Issue 2. Whether the First Defendant is vicariously liable for the actions of the Second Defendant
