2021-08-05 Windward Exh A (Public Testimony re SPP 12-138)

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Thank you. The other thing that I did want to mention is again, this is a procedural issue and Mr. Lee Loy is trying to pollute the record again by putting in additional facts that we are, if the Chair is going to allow that then we are entitled to rebut those facts and this now reopens the entire hearing. So, I would suggest that the Chair and the Commission abide by its agenda and have him either address the procedural issue, reopen the hearing and have it be a do-over or not. Without getting into the facts, because once we start getting into the facts regarding the per gallon and all that kind of stuff. If Mr. Lee Loy is going to get into that, we are entitled to rebut that. Thank you. REPLOGLE: I agree with you Mr. Hong and that's what I'm trying to clarify for Mr. Lee Loy. So, and I think you helped me there. So, Mr. Lee Loy, it's the procedure, not the gallons. Do you want it to just stay as it is or do you think it should be reopened to new public testimony? That's your options here. We do not wish to hear about the gallons or any of that. — LIN: Chair, Commissioner Clarkson has a question. REPLOGLE: Mr. Clarkson, go ahead. CLARKSON: Yes, I just like to ask our Corporation Counsel a question to clarify this issue. If the Commission decides to make its additional considerations only on the record, will testimony of any kind be allowed, and if so, by the public. If so, what kind of testimony would be allowed? HALL: You're saying, if you guys decide to make a decision on the record? CLARKSON: Yes, I think it's unclear to Mr. Lee Loy and to me from what you said earlier and what Chair Replogle is saying. HALL: Well State Law and Planning Commission rules require that the Commission take public testimony. So,public testimony will be given, with that said, if the record as presented you guys will be making a decision on the record as presented. CLARKSON: So, we are required to take testimony but if we decide here today to only make a reconsideration on the record, we will be disregarding all of that testimony. Is that the case? HALL: Yes. CLARKSON: Okay, thank you. REPLOGLE: Okay, once again Mr. Lee Loy. For keeping the record as it is and proceeding at the next meeting with that or would you like to see it open to new public testimony? So someone who didn't testify in 2014 could come and testify at the next meeting for or against the school, but, they would be new testimony. HALL: Chair, sorry. REPLOGLE: Yes. 5 EXHIBIT A