2006-04-07 TFirst - Laserfiche WebLink

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ELY:Wait, before any -. There is one other issue that I would like to bring up at this point because perhaps we could persuade the Commission to ask for another condition on the application. Is that appropriate at this point? ALAMEDA:Thanks for asking. Hold on. TORIGOE:Again, I think, you know, that would be going to the merits of the matter; and that probably is best handled in a contested case proceeding. ALAMEDA:Yeah. Thank you, thank you for asking. SIRACUSA:I have a question. ALAMEDA:Commissioner Siracusa? SIRACUSA:I have a question of Corp. Counsel. The questions about notification and everything,dotheybecomemootnowthatwevegrantedcontestedcase?Andaslongasthey proceed properly with notification of the contested case, you know, in a timely way and all that, does make the previous issues moot? TORIGOE:Well, I wouldnt say completely moot. If somebody comes and shows up who nobody knows about at this point and is able to show that they should have gotten notice and were prejudiced by that, you know, then we may have to look at what the results is of that. SIRACUSA:So Mr. Elys comments are valid about that? TORIGOE:Well, the Commission is on notice of the notice issues; and Im sure that if someone shows up during the contested case procedures and makes a reasonable case that they should have gotten notice or gotten hurt because they didnt get notice, then the hearings officer should address that. And if he fails to do so when it comes back to the Commission, then the Commission should address that. SIRACUSA:Thank you for clarifying that. ALAMEDA:Excuse me, Im going to lean towards having kind of everybody be seated at this time. Is that appropriate? TORIGOE:Yeah, thats fine. Again, I wasnt sure if Mr. Upham had a chance to say anything or he felt needed to be said at this point regarding the standing issues and going through a contested case. ALAMEDA:Mr. Upham, anything specific to standing? UPHAM:Yes. ALAMEDA:Go ahead. 15EXHIBIT B