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HONG: Thank you Mr. Chairman, members of the Commission again, this is Ted Hong on <br /> behalf of CBESS. The only point that we want to make this morning is again that we feel that <br /> reopening or redoing the hearing, the contested case hearing would unnecessarily delay the <br /> project because that would be essentially in violation of the Hu Honua Hawaii State Supreme <br /> Court's decision on what an administrative agency should do on a remand. And I think at this <br /> point there's been a lot of information provided from the parties and I would suspect that the <br /> Commissioners may have some questions and I think Mr. Siu and I would be more than happy to <br /> respond to any questions of the Commissioners, or the Chair may have. Thank you. <br /> REPLOGLE: Thank you Mr. Hong. Is there anything else? Okay, I'm going to move to a <br /> motion for action. Well, actually we are going to open it, yes, Mr. Clarkson. <br /> CLARKSON: I was prepared to make a motion for action but, if I'm premature let me know. <br /> REPLOGLE: No, no, no. <br /> CLARKSON: Okay, I move that the Commission open the record to hear new evidence limited <br /> to the following, those items in the appellate court's opinion where they suggest additional <br /> findings and additional hearings might be necessary not being several. <br /> REPLOGLE: Okay, do we have a second? <br /> GALIMBA: I'll second that. <br /> REPLOGLE: Okay. All those in favor of this motion, please signal. <br /> HALL: Chair, point of order. <br /> REPLOGLE: This should be a vote, yes, go ahead. <br /> HALL: There should be discussion, Chair and then a roll call vote after discussion is finished. <br /> REPLOGLE: Okay, thank you. Mr. Au? <br /> AU: Thank you Mr. Chair. I just have a question for Commissioner Clarkson and <br /> Commissioner Galimba regarding the motion. The way the motion stands right now I don't <br /> support it. I think we have enough evidence to make a decision. Obviously, we going to hear <br /> from both sides, and both attorneys but I think we have enough evidence. But I would still like <br /> to hear other Commissioners and even Commissioner Galimba and Commissioner Clarkson on <br /> why you're making that motion and the way I stand as of now is that I don't support the motion, <br /> but I do want to hear from all the Commissioners regarding this motion. Thank you. <br /> LIN: I would tend to agree with Mr. Au, I think we have sufficient information within the courts <br /> document as well as on the record. And I believe that it would cost a lot more money and time <br /> for everybody else to go through this whole process again. <br /> 4 <br /> EXHIBIT B <br />