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TORIGOE:Also, is there any public testimony that you need to take? <br />ALAMEDA:Question, Mr. Torigoe. I thought we weren€t allowing public testimony? <br />TORIGOE:No. Well, you know, you have to allow for public testimony in every -. <br />ALAMEDA:Okay. Oh, we do, okay. <br />TORIGOE:Contested case. <br />ALAMEDA:There is a testifier here by the name of Bob Ely. Do we have to do the <br />formal, have everybody sit down, or could he provide testimony where he€s at? <br />TORIGOE:Well, he€s here as a contested case party. I don€t know that he intends to <br />dosomethingdifferentfrom,orsaysomethingdifferentfromwhathewouldsayasacontested <br />case party. But, you know, it being a contested case, if you€re going to allow him to give <br />testimony or argument as it may be, then you probably need to allow the other parties to do the <br />same. <br />ALAMEDA:Yeah, fellow Commissioners, I am hesitant to allow Mr. Ely further <br />testimony cause then it will open it up for everybody else. I think we have the information, the <br />Hearing Officer did spend time with the parties. <br />WATANABE:Mr. Chairman? <br />TORIGOE:Is there -? <br />ALAMEDA:Commissioner Watanabe? <br />WATANABE:I would tend to agree except that if there are other individuals from the <br />public who would like to testify I think we are obliged to accept their testimony. But I would <br />agree that if we allow the intervenor to act as someone from the public to testify then we have to <br />go to oral arguments, because you€re not providing equal opportunity. <br />SIRACUSA:He can€t wear two hats. <br />LEITHEAD-TODD:Mr. Chair? <br />ALAMEDA:Yes, Ms. Leithead-Todd. <br />LEITHEAD-TODD:Both the intervenors and Mr. Young are not lawyers. They€re not familiar <br />with the rules, and they may not have understood that they needed to put in a request for oral <br />argument. So what you may want to do is give them an opportunity to request an opportunity for <br />oral argument. I mean it€s just in fairness because they€re not familiar, they€re representing <br />themselves. And I€m just thinking that if you€re making the record and, you know, if there€s any <br />potential for an appeal of this that you want to make as full a record as possible and give them <br />the opportunity if they so desire. <br />21EXHIBIT B <br /> <br />