In a filing on Nov. 11, Longview opened a new proceeding by asking the PSC to approve that Industrial Revenue Bonds to be issued by the WV EDA "do not offend the public interest", and further asked that this not be considered a "material modification" of the 2006 certificate. Staff filed a response on Dec. 14 indicating they had no objection, but asked the PSC to order Longview to file a notice to all parties in the earlier proceedings and allow time for public comment. Longview on Dec. 21 filed a one-paragraph letter indicating they had no response to Staff's recommendation.

The IRB's would be used to finance "solid waste facilities" such as scrubbers, and other air pollution control equipment, including "solid waste disposal and recycling facilities" and "solid waste landfills". Although Longview claims that the footprint of the facility has not changed, I would point out that a MepCo subsidiary, Coresco, LLC. has pending an application for surface mine permit modification to expand a flyash disposal landfill to serve Longview on property immediately west of the current Longview site. In that application, Coresco indicates that they are exempt from solid waste landfill regulations because the disposal constitutes a "beneficial use". The IRBs would also be used to finance wastewater systems including discharge process water, storm water runoff, and sanitary sewage. Longview included a map indicating to location of the water treatment plant and pipelines running from the Mon River to the plant.

In a separate matter, Longview filed a request on Dec. 16 asking that the 2008 complaint about the alternate water source be dismissed because the various regulatory agencies have all granted the appropriate permits to approve their new water treatment plant and pipeline to the plant.