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2005-04-01 TVURICH
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2005-04-01 TVURICH
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order, we have not been asked by the Harlans to remove it, that we should look at it on its <br />own merits and then they can decide on their own later since itll be basically a one-on- <br />one situation anyway that they can decide how they want to proceed with the case later. <br />So -. <br />SPRINGER:Thank you, Commissioner McCall. Mr. Schneider, do you have <br />any objection to that course of action proposed by the Commissioner? <br />SCHNEIDER:Not really. I do have an e-mail; but, of course, e-mail is being <br />e-mail, you know, I dont know where that stands in a legal sense. But I do have an <br />e-mail wherein theyve indicated that, theyre talking about sending in this written <br />testimony, and to all of the persons who received the Objection, from their lawyer. <br />instead, we merely have to have you as our authorized representative present at the <br />March 3 hearing in order that all questions relative to the request may be clarified. So, <br />ineffect,youknow,butIdonothaveapieceofpaperspecificallyauthorizingme,other <br />than their request that I do it, an e-mail request. <br />SPRINGER:Commissioners, weve heard Commissioner McCalls concerns. <br />Do you have comments on that? Commissioner Siracusa, then Graham. <br />SIRACUSA:Would it be out of line for me to request that Mr. Schneider pass <br />that e-mail along to staff and have staff run off copies for us so that we have a copy, at <br />least until such time as a proper affidavit or other type of legal document from the <br />Harlans could be presented to us, so we have something to cover us in the meantime? <br />SPRINGER:Is there staff here? Norman, can we have that done -. I dont think <br />Commissioner Siracusa wants it, you dont want it immediately, do you or -? <br />SIRACUSA:No, it doesnt have to be immediately, no. <br />SPRINGER:Okay. Thank you. <br />SIRACUSA:Actually, I think just one copy for the file, for the records. <br />SPRINGER:Thank you. Commissioner Graham? <br />GRAHAM:I certainly concur with all that Commissioner McCall said, so I feel <br />like we can move forward in that vein; and I also had a question for the Corporation <br />Counsel. Since the Harlans residence is not quite as close as Mr. Schneiders, I do recall <br />from Contested Case Hearings by other bodies from years past that once the Contested <br />Case had been granted, the body who was granting, I dont recall, you know, exactly <br />what this was but they couched their language in the acceptance of other parties that they <br />feel that it would add to the record and be beneficial to the hearing of the matter and such <br />things as that. So Im wondering if it is of any lesser standard necessary to admit a <br />second party than if it were the only party being admitted. <br />18 <br /> <br />
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