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REPRESENTATIVES: I do.
<br />CARR SMITH: Thank you. All there, thank you. Okay, go ahead and begin your presentation,
<br />your update, please. Mr. Fuke, I assume you are starting.
<br />FUKE: Can you hear me?
<br />CARR SMITH: Yes.
<br />FUKE: Okay. Thank you very much, Madam Chair and Members of the Commission. I'd like to
<br />go on record to note that - - - we heard the discussion regarding'Commissioner Van Pernis. And
<br />from the applicants' perspective, we cannot help but feel like his is like a personal bias against
<br />Mr. Cook, and so that in and of itself should be justification for a.recusal from this hearing of these
<br />applications. In the alternative—and I know the decision had been made, and we accept his
<br />participation—then we would respectfully request,the Chair direct his, questions or commentary to
<br />on a one-person basis, and so that's what we are asking for—
<br />CARR SMITH: Sorry, what do you mean by the ono -person basis?
<br />FUKE: I'm sorry?
<br />CARR SMITH: What do you mean by that? Just -so_=
<br />FUKE: Yes, specifically; like -if :you, you know; _look at his email and, you know, there are two
<br />portions that the Commissioners haddecided t6' - -. The first portion, if I were Mr. Cook, I'd feel
<br />kind of like rather - - - was" a..personal thing saying"that, you know, he was kind of--- bankruptcy
<br />and his only, income was Social_. Security, so. on and ' so forth, you know. I don't think they really
<br />have muchrelevance to .the nature,of the 'applications:;: What you are considering right now is a land
<br />use application; you are.,not.,screenirig on Mr. Cook being a member on the board - - - regulatory
<br />agency :So I;think those kind of - -' -,uncalled for. Comments relating to, you know, the traffic
<br />impacts, so .on- and so forth, theyare definitely germane, you know, to the application. And we
<br />would ask that:the;_Chair make sure that the comments are limited to the nature of the application and
<br />not necessarily who- the applicant was or is.
<br />CARR SMITH: Understood,. and agreed. Thank you.
<br />FUKE: So, inasmuch as like,"you know, I had to - - - listening to Christian's presentation because I
<br />got kind of like - - - there is a lot of--- information, and planners have been devoted to do this
<br />application. And we are at the stage where kind of like making our final oral arguments to this
<br />panel, this panel of judges, the Commission. Before I summarize, I, you know, I had—Ken was on
<br />the phone, and I think he is going to be back on—but basically, he was, you know, going to commit
<br />that on behalf of his client, Spring Capital, that they stood ready, willing and able, you know, to do
<br />the project, subject to the outcome of the pending request. We also have Mr. Cook and Randall
<br />Okaneku standing by in the event that there are questions that are needed for him to, for them to
<br />answer.
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