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that the parties address the agenda item, but I would like to discuss the procedural matters and the issues, legal issues in Executive Session at some point. FUJIKAWA:Thank you. Springer, go ahead. SPRINGER:I'm wondering at what point we should request this Executive Session. It would seem to me that sooner than later might be good so that we could have the full benefit of any insight that the Deputy Corporation Counsel might impart to us before we begin discussion. FUJIKAWA:Well, I think that what I want to do is have the Applicant's representatives and the -, I have two people who want to do a testimony, and after that, it's up to you people what you want to do. SPRINGER:Okay. FUJIKAWA:Any other questions? KUBOTA:Mr. Chair? FUJIKAWA:Commissioner Kubota, go ahead. KUBOTA:Just for clarification on the response by Corp. Counsel to Commissioner Springer, was it my understanding that you said that Mr. Yuen's letter, that portion of which made a recommendation to deny based on the violation is irrelevant? O'TOOLE:Well, I think if there is a violation, that's a separate matter. What we might consider today is whether or not that condition should be there. But, you know, a -. KUBOTA:Of course. O'TOOLE:Motion to strike a letter is, you know, this is not the kind of proceeding I think where we generally deal with that kind of thing. It's here. You can give it the weight and consideration you want to. KUBOTA:I see. I see. But you are clearly bifurcating the violation and the Director's recommendation to deny; you are saying they're not relevant to each other, is my understanding of your response to her. O'TOOLE:In my mind, the question is whether that condition is valid. KUBOTA:Okay. The condition is valid or invalid is the consideration before us today, and whether we want to go up or down with the Applicant's request is our mission today. O'TOOLE:Well -. 3