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VITOUSEK: Again, I think the attorney, our corporation counsel, has made it pretty clear that we are to receive information as a whole, so we can't go out and seek information individually; we have to be receiving it as a whole in compliance with Sunshine Law. VAN PERNIS: I appreciate that, Mr. Vitousek, and I stand corrected. Nobody told me that before I was a commissioner. But, again, Mr. Rapoza was not going to appear so all you folks could hear what he had to say. So I've repeated what he said to me. But if you feel that's inappropriate, the only way is get somebody in front of you guys. I'll agree with it being stricken. CARR SMITH: I'm not an attorney, but I believe that become hearsay. I mean unless it's at our meeting and presented to all of us, it's, it has no value in my opinion. Anybody else? VAN PERNIS: It's your opinion. I think others - - - entitled to" opinion. CARR SMITH: Well, my opinion, Mr. Van Perris, also is based on your February performance— for some reason that's the word that comes to mind—I think you should have recused yourself then. But you didn't, and that's neither here nor there afthis point. But I don't think it was appropriate. And so here we are. So what are we going to do about this, Commissioners? YOSHIMOTO: Madam Chair? CARR SMITH: [Responding to Mr. Fukeraising his hand to_ speak] Yeah, I'm not sure it's appropriate yet, Sid, for us_to hear from you,,thank- you: YOSHIMOTO: Oh,.no,,,this is J;"_Madam Chair:, CARR SMITH: Oh, well, `Sid was waiving at me. 'I can't see you, you are too far away - - - YOSHIMOTO = Okay, I just want f o take the matters one at a time. So my understanding is that- - - Imade asuggestion, and Mr. Van Pernis was agreeable to them [audio issue]—there you go. So if we can have,a, if the, if the Commission wants to make a motion to strike the portions of concern, then we can, get that out of the way. And then we can move on with whatever else the Commission wants to proceed: VITOUSEK: I would,make the motion to strike those two items from the testimony: the first regarding the previous deposition, and the second regarding the discussions with Mr. Rapoza. KEALOHA: I will second that. CARR SMITH: All right. There is a motion to strike paragraph one and Item 2, is that correct, from Mr. Van Pernis's email? Do I have that right? VITOUSEK: Yes. VAN PERNIS: - - - parentheses refers to the deposition. The reference to Mr. Rapoza is in No. 3 in my memo. 8 DRAFT