2005-01-21 TIMMING - Laserfiche WebLink

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TORIGOE:Okay, so it would seem that at this point the Commission had, in essence, this is the first time that the matter has come before the Commission since the hearing officers report was received. And so it would seem to me that at this point some kind of action needs to be taken, either to defer it for later, or to approve, or deny it. And if none of those actions can be taken, then under your rule then it has to be considered denied. SRINGER:Even if only five? TORIGOE:What do you mean only five? SPRINGER:We dont need to have, we do not need a vote of five to deny in this case? TORIGOE;Well, if youre unable to either approve, deny or defer at this point, then under your rule it would seem that it is considered denied. SPRINGER:Commissioner Graham. GRAHAM:Just speaking to Commissioner Siracusa, if her, not withstanding Mr. TorigoesremarksaboutonesdutyasaCommissionerandresponsibilitiesandsuch,iftheres more time or particular information that we need to have for you to feel that youre making the proper decision, then I think we should make time for that. But only you can tell us what it is that would help make clarity for you. SIRACUSA:Thank you. I appreciate your consideration. I dont think the time would do it. I really wished they had, you know, like one more person here so that I would honor my conscience and abstain without affecting the process. Right now I feel like because of that Im between the rock and a hard place; and I dont like being put in a position where I have to yes on something that I really dont want to see happen. But, obviously, it will go through anyway, even if its deferred, you know, if everyone else decides to defer, so Ill just go along with the crowd. My question to, you know, to Corp. Counsel had been what would be the ramifications if I abstained. SPRINGER:And that has been answered to your satisfaction? SIRACUSA:Yes. SPRINGER:Commissioners, is there any further discussion? The motion is to adopt with modifications, that has been duly made and seconded. Is there any further discussion? Norman, the roll call vote, please. HAYASHI:Thank you, Madam Chair. And just to be sure, the modifications would be for Findings of Fact No. 2 that Commissioner Graham had included, Findings of Fact No. 40, Findings of Fact 54, and a new Condition 6, and all others, the numbers would be numerically renumbered.