The Independent-Record from Helena, Montana • 9

Independent Record 1 WEDNESDAY August 30t 2005 INSIDE: OBITUARIES 10A activate two mini a i 1 toward downsizing. "This is a federal program to realign the force to support current operations and future events," he said. The 3669th Maintenance Company returned to Helena from Iraq in April. Soldiers with the 190th Field Artillery Battalion returned to Billings from Iraq in March. Reporter Martin Kidston can be reached at 447-4086, or at mkidstonhelevair.com By MARTIN 1 HUSTON IR Staff Writer FORT HARRISON The Montana National Guard deactivated a 63-year-old maintenance company Sunday and will put to bed a larger artillery battalion next month in an effort to restructure state forces to meet the military's changing needs.

The Montana Guard deactivated the Helena-based 3669th Maintenance Company Sunday, writing the last chapter in the outfit's 63-year history, which traces back to World War II. Soldiers serving in both outfits will be reassigned to new tasks. "This is part of an overall force structure realignment," said Maj. Garth Scott, public relations officer for the Montana Guard. "It's not a troop reduction.

These soldiers are not losing their jobs. They'll be dispersed into 10 other units." Most of the company's 69 soldiers will be reassigned to forward support units, including aviation and infantry, Scott said. Others will go to an engineering group specializing in plumbing, electrical, remodeling and school improvement, among other urban construction tasks. The Montana Guard's effort to realign and respond to modern military needs will also impact the 190th Field Artillery Battalion, based in Billings. Scott said the outfit will be deactivated on Sept.

10, becoming the 190th Combat Service Support Battalion. "With the current fight against terrorism, the Army has determined that the need for service-type units are more useful today than heavy artillery is," Scott said. "This type of unit can support Montana's needs as well." Scott said the changes are an effort to realign the Montana Guard, and not a move plan UUP, county agree on pon jmii mi' jC 1 i'i By LARRY KLINE IR Staff Writer Changes are planned for the popular pond at the Lewis and Clark County Fairgrounds. The Lewis and Clark County Commission on Tuesday approved a plan for the management and future improvements at the pond and agreed with a state Fish, Wildlife and Parks official who suggested the creation of a citizens advisory council to ensure those upgrades move forward. The plan, drafted by an advisory committee created by the commission, calls for improvements to the pond's water intake system; limiting domesticated ducks and geese to three breeding pairs apiece plus their offspring; installing new signage and garbage cans; removing of asphalt near the water's edge; and the possible construction of a fishing dock, among other improvements.

It allows the continued use of the pond for youth fish- ing, although young anglers would be limited to the north end of the 1.6-acre water hole. FWP Resource Program Manager Mike Korn said rainbow trout will continue to be stocked yearly. Only anglers ages 14 and younger are allowed to fish at the Fairgrounds Pond. The plan also suggests building a fishing dock, which would cost between $5,000 and $10,000. Waterfowl feeding will continue but be limited to the peninsula on the west side of the pond.

The committee suggested placing a feed dispenser there and stocking it year-round, at a cost of about $2,000. It also said the public should be prohibited or discouraged from feeding bread to waterfowl. Advisory committee member Ruth Swenson said she will seek permanent members for the committee. Topping her list of improvements are fixing the water-supply system and finding new adoptive homes for domesticated waterfowl that will be removed from the pond. Some of those birds cannot fly, she said, and some are the mixed-breed offspring of Canada geese and ducks.

The public will be discouraged from leaving -unwanted pet waterfowl at the pond, she said. An estimate several mmmm Little Elmo and the Mambo Kings headline AliveFive. See below. 1 Wednesday Alive Five. Party on Park featuring Little Elmo and the Mambo Kings.

When: 5 p.m., Aug. 30 Where: 100 S. Park Contact: Downtown Helena at 447-1535 The End of the Summer Ear Infection featuring 20 of Montana's best alternative, hardcore and hip-hop bands and acts, as well as some bands from surrounding states. Bands include Mojo Overcoat, The Remedy, Cage Match to the Death, 3 Rhino, Viscosity Breakdown, Universal Choke Sign, Team Owl, End Ever and All Rights Reserved. When Where: 9 p.m.-2 am.

Tuesday, Aug. 29-Saturday, Sept 2 at Jester's, 2 1 noon-9 p.m., South Chaucer Quarry, free for all ages; post Ear Infection party at Jester's Sunday at 9 p.m. Cost: Nightly 9 1 for whole week, $5 night Thursday "Love's Labour's Lost" Montana Shakespeare in the Park presents the Bard's comedy in which the King of Navarre and his three companions swear a very public oath to study together and to renounce women for three years. Their honour is immediately put to the test by the arrival of the Princess of France and her three lovely companions. Aug.

31 Where: Heritage Fun Park, Townsend Cost: Donations accepted Contact: 406-994-3901 The End of the Summer Ear Infection featuring 20 of Montana's best alternative, hardcore and hip-hop bands and acts, as well as some bands from surrounding states. Bands include Mojo Overcoat, The Remedy, Cage Match to the Death, 3 Rhino, Viscosity Breakdown, Universal Choke Sign, Team Owl, End Ever and All Rights Reserved. i When Where: 9 p.m.-2 am. Tuesday, Aug. 29-Saturday, Sept 2 at Jester's, 21 noon-9 p.m.

South Chaucer Quarry, free for all ages; post Ear Infection party at Jester's Sunday at 9 p.m. Cost: Nightly 9 am, $15; for whole week, $5 night Friday Sept.1 The End of the Summer Ear Infection featuring 20 of Mon- tana's best alternative, hardcore i and hip-hop bands and acts, as well as some bands from surrounding states. Bands include Mojo Overcoat, The Remedy, Cage Match to the Death, 3 Rhino, Viscosity Breakdown, Universal Choke Sign, Team Owl, End Ever and All Rights Reserved. When Where: 9 p.m.-2 am. Tuesday, Aug.

29-Saturday, Sept 2 at Jester's, 21; noon-9 i p.m, South Chaucer Quarry, free for all ages; post Ear Infection party at Jester's Sunday at 9 p.m. Cost: Nightly 9 am, 1 for whole week, $5 night Annual Wild West Fest features a Friday night Western dance with Country Tradition, Saturday night Frontier Ball, the Snakebite Saloon, Cowboy Mounted Shooting Championship, Juni Fisher concert, shoot-outs and Western Trade Show. When: Sept 1-3 Where: Lewis and Clark County Fairgrounds Cost $8adults, kids free Contact: 458-3700 NW wants sale terms kept private By JENNIFER BYRD Associated Press Writer HELENA Northwestern Energy and its potential buyer, Babcock and Brown Infrastructure, are asking state regulators to keep information regarding the proposed sale out of the public eye. The Public Service Commission has asked the companies for a large amount of information regarding the $2.2 billion deal, and the companies are arguing that the information should be available only to the commissioners, commission staff or Montana Consumer Counsel otaff who agree not to publicly disclose it. "We're not suggesting that this information is secret," said Pat Corcoran, NorthWestern's vice president for government and regulatory affairs.

"What we're trying to do is afford the information certain protection from a full, open viewing." The information is commercially sensitive and could cause harm to Northwestern or BBI if it were to be released to the public, Corcoran said. The company filed a motion last week to keep the information protected. The commission will discuss the matter next Thursday at its weekly meeting. Some of the information Northwestern and BBI are seeking to keep private includes: A list of prospective buyers to whom Northwestern sent its bid solicitations; Detailed descriptions of all sale offers Northwestern received before choosing BBI; All underlying analysis that supports North-Western's position that the offer by Montana Public Power Inc. was unlikely to obtain regulatory approval and funding.

MPPI, a coalition of Montana cities, was created with the purpose of buying Northwestern and turning it into a publicly owned company to serve electric and natural gas customers in Montana. Information that discloses how BBI valued Northwestern for purposes of submitting a bid to buy it. All documents issued by Northwestern to prospective purchasers and all documents received from BBI in response to NorthWestern's solicitation of bids; All communications between Northwestern or BBI and debt rating agencies; Minutes from North-Western's board of directors meetings from Jan. 1, 2005, to present; Minutes from all BBI board of director meetings when the sale was discussed. The companies have not turned over the information to the commission or the Montana Consumer Counsel yet, Corcoran said.

it Proposed changes and improvements at the Lewis and Clark County Fair-grounds pond include: Replace or upgrade existing water intake sys- tern, Limit the number of domesticated ducks and geese. Limit youth fishing and waterfowl feeding to specific areas. fl Consider constructing a dock at north end of Prohibit or discourage feeding bread to waterfowl. Install new signage and garbage cans. Install a Web or security camera Discuss possible future pond expansion.

improve water quality there. Improving the intake would increase the flow through the pond and possibly improve water quality, FWP Helena area fisheries biologist Steve Dalbey said. More POND, 10A circuit court trial George Lane IR Staff Photographer Top, improvements to the duck pond at the fairgrounds would include the removal of some of waterfowl and putting them up for adoption. Above, a sign at the duck pond explains some of the current rules for vistiors. said improvements to the pond's intake, limiting the number of waterfowl, removal of asphalt near the shore already called for the in the county's plans for the fair-grounds and continued regular cleaning of the drainage ditch could years old for improvements to the pond's intake set the cost at between $2,500 and $5,000.

Korn said his department would contribute to the improvements. "We want to be a partner in the whole thing," he said. The committee's report sidelines MR. Grace bJJ Appeals by prosecutors are pending before a appeal is withdrawn. In other Grace matters, Molloy denied defendant William McCaig's request for a trial postponement because he underwent triple-bypass heart surgery July 17.

The judge said he would not grant the request absent an "acute health-related event," and because the trial no longer is scheduled to start Sept. 11. McCaig, of Simpsonville, S.C., used to be general manager of the Libby mine. On the Net: U.S. District Court: http:www.mtb.

uscourts.govmtdimages738.pdf case against Grace and seven of its former managers. A 2005 indictment charges Grace and the seven men with conspiring to conceal health risks posed years ago by the company's Libby vermiculite mine, closed since 1990. Hundreds of people in Libby have fallen sick, some fatally, from exposure to asbestos in vermiculite. Last week, Molloy agreed to delay the start of the trial if necessary. In the order released Monday, Molloy prosecutors must immediately inform him when the 9th Circuit resolves the appeal or the notice of HELENA (AP) The September trial in the asbestos case against W.R.

Grace Co. has been sidelined, officially, while appeals from the prosecu-. tion are pending before the 9th U.S. Circuit Court of Appeals. In an order this week, U.S.

District Judge Donald Molloy of Missoula granted the prosecution's request to delay the Sept. 11 trial. Molloy said the prosecution's notice of appeal transfers the case's jurisdiction and prohibits moving forward with the trial as scheduled. Prosecutors are appealing Molloy's dismissal of some key elements in their.