Attached to the petition were several letters from suppliers making
clear that the rather small delay in completion was due to problemsof the company’s suppliers and not to any default of Midstate itself.
We do not believe the case is moot in the technical
sense, since a variance grant today would immunize the company fromany future prosecution for delay and since in addition we have thepower to impose penalties as a condition of a variance in order todeter delay and to reduce litigation.
This opinion constitutes the Board’s findings of fact, conclusions
of law, and order,(Mr.
Allowed
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