2022-01-07 EMC special meeting draft minutes

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GAFFNEY: Rick Gaffney, yes, I have. ADAMS: Yeah, I don't know that we need a roll call, but just to make sure. In the interest of time and efficiency, I have authorized as chair that in lieu of taking direct testimony, the parties have submitted prepared testimony pursuant to EMC Rule 3-13(e). The prepared testimony is subject to cross examination of the witness on matters contained in the prepared testimony. So we'll start with the Appellant. The Appellant has prepared testimony that is submitted with its pre-hearing brief on December 17, 2021. And here I need to ask if everybody got a copy of that. Since it's not labeled as an exhibit, we would like to designate it as Appellant Exhibit 20. Are there any objections to that? WONG: I'm sorry, Madam Chair, if I may interject, I think just for clarity, what the chair is saying, that Appellant submitted prepared testimony. It wasn't labeled as an exhibit, but we want it to become a part of the record. So we would like to label that Exhibit 20 if the parties don't have an objection to that. Do you have an objection, Ms. Kekai? Ritchie or Richard? Okay. Thank you. I'll label it as Exhibit 20. Thank you, Chair. ADAMS: This is my first run through as a hearing officer. So Keyra is keeping me straight. Regarding Appellees, the DEM prepared testimony. Appellee has submitted on December 20 and 21st the prepared testimony of Inspector Toni Nakatani, that's Exhibit D, and prepared testimony of Director Mansour, Exhibit G, and prepared testimony of Robin Bauman, Exhibit L. Did everyone get copies of that? The Richards? Commissioners? (All agree) ADAMS: And I'll assume DEM has their copies. this one, I may ask Keyra to step in and explain if you don't follow it. Are the parties willing to stipulate to the submission of any exhibits or all exhibits and which exhibits are stipulated to. KEKAI: Director Mansour is fine with stipulating to all exhibits from both Appellantsand, of course, our own. HENDERSON: We're in agreement with all of the exhibits. WONG: For the record. I will on behalf of the Commission receive all Appellant Exhibits 1 through 20, with the exception of 9, and Appellee’s Exhibits A through N. Thank you. ADAMS: Thank you very much. Now we will start the contested case hearing with opening statements. If you would like to make them, I would please ask you to keep them to about five minutes and Appellant can go first. Who is going to be speaking on behalf of Kai Ala -- HENDERSON: Chair Adams, I will be speaking on behalf of Kai Ala Partners. This is Ritchie Henderson in the same office as my father, Richard Henderson, and I would like to address the 4