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You know, I disagree with Mr. Krueger's contention that once there's an appeal, the
<br />Commission loses jurisdiction to do anything. That's because clearly under your rules,
<br />Qnadqs&r Qtkdr can be applied, at your discretion, of course, okay. If you were to carry out
<br />Mr. Krueger's argument to an extreme, that this Commission wouldn't have jurisdiction, then
<br />all of the counter arguments that have been made against Doutor, why don't you just go file an
<br />amendment? Does that mean you have jurisdiction to change the permit if I file for an
<br />amendment? Somehow I get jurisdiction, you get jurisdiction back then, even if the appeal is
<br />going? Okay. So if the answer to that is yes, then I think we need to break it down and
<br />understand, but clearly, there isn't anything that I know of under State law which says you
<br />cannot use your rules to revisit an issue, okay.
<br />Mr. Yuen's characterization of what we're doing is way off base. He's talking about
<br />reconsideration under Qnadqs&r Qtkdr that is a separate motion that you could have made. And,
<br />st
<br />in fact, if you recall, after the permit was issued, the final decision was made on August 1,
<br />but it took some while to get it in writing and get it signed, we filed a request for you to
<br />reconsider, for you to consider a motion to reconsider, and this was back in August, I believe,
<br />of last year. Before you could take that up, the Chairman had already signed the written
<br />decision, so when we came to the hearing, your Corp. Counsel advised you you can't, you
<br />can't do a reconsideration because the decision is already signed and issued.
<br />And so when we came back to you, we were referring to another rule in Qnadqs&r Qtkdr, and
<br />again, your rules say that your procedure, you know, is also governed by Qnadqs&r Qtkdr,
<br />okay. So in here, there was a motion to rescind, that's another one, and a motion to amend
<br />something previously adopted, so that's what I believe we argued at the last meeting, and your
<br />motion that was carried last week, the last hearing, was based on that.
<br />Under Qnadqs&r Qtkdr and, you know, I don't want to go too long here, but I can read it for
<br />you if you want, Qnadqs&r Qtkdr says that motion can be made at any time, okay, not just
<br />within 30 days. The motion to rescind or alter something previously taken is a motion that any
<br />one of you can make at any time. And the only restriction or limitation is is that it can't be
<br />made if something is too late already, you know, where people have performed, for instance,
<br />you give me, you give someone a permit, okay. There are conditions. The person goes and
<br />performs, perhaps spends money. In that kind of a situation, the issues that -, if there's any
<br />issue relates to something that the guy's already done, you cannot, out of fairness, go and
<br />change that. You cannot, on your own, amend something, amend a condition that then doesn't
<br />allow this person to go ahead and do what he or she could have done under the permit. So
<br />there is that restriction. But again, under Qnadqs&r Qtkdr, what you did at the last meeting is
<br />entirely allowable, it's specifically provided for, and there's no impropriety that I would see.
<br />You know, and I also take issue with this idea that somehow, you know, we're -, we want to
<br />lead you guys down a primrose path because we don't care about you or good government or
<br />the public interest or anything like that, we just care about our client. I ask you to think about
<br />that for a second. How much sense does it make for me to hoodwink you to do something
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