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I recall about eight years ago, there was a Contested Case, IÓm sorry, it was more like <br />eleven years ago, there was a Contested Case in which eight people asked for standing. <br />And the Chairman of the Commission at that time, Mr. Mike Luce, made the request that <br />these groups go back and come back with minutes of meetings in which they were <br />authorized to take the action; and none of the eight were able to produce those minutes. <br />And IÓm not implying that thatÓs the case here; but I just think, in general, I would make <br />that statement. <br />IÓm disappointed that we did not hear from the association during the period of time, in <br />the seven or eight weeks theyÓve had, since we first noticed them to meet with us and talk <br />about concerns. But at the same time I do want to take that opportunity to meet with the <br />association and address any concerns. To that end, I would say that if you grant them <br />standing in a Contested Case, that we defer the meeting, the first scheduled meeting of <br />the Contested Case to allow us an opportunity to address their concerns. <br />Secondly, if you deny them standing, then I would ask for a defe <br />again, allow me the opportunity to meet with them and, in fairness, address the concerns <br />that they may have. So IÓm not looking for a technical solution to, you know, let it slide <br />through with a permit if there are legitimate concerns. I think we need to sit and meet <br />with this group, whether itÓd be in a Contested Case or not. Obviously, I prefer not to be <br />a Contested Case because, as you know, when a Contested Case sta <br />this other tall haole usually shows up. <br />GALDONES:Commissioners, any further questions? Mr. Mooers, in light of <br />your request that thereÓs a possibility that we can defer if we allow for Standing, defer the <br />first meeting until you have the opportunity to meet with the association, would you be <br />objectionable if we defer taking any action on the Petition at this moment in time? I <br />guess maybe I also have to address this to Moore to give you folks the, the parties the <br />opportunity to meet and see if you folks are able to work out anything. And then, if not, <br />then address it at the next Commission meeting when itÓs agendized, to determine <br />whether there is a Petition for Standing. <br />MOOERS:Yeah, I donÓt have a problem with that provided it could be at the <br />next hearing, because I donÓt want to delay this indefinitely. For example, if we meet and <br />we arenÓt able to come to a resolution, then the next meeting I have to advise my client <br />that they need to be represented by counsel, and then they will have to make the <br />arguments related to the Petition and other things. I do not want to carry on representing <br />my client indefinitely if the Contested Case is pending. So if you donÓt make the <br />decision on the Contested Case today, whether Standing will be granted or not, I will <br />probably defer to counsel for the next meeting. That doesnÓt mean I donÓt want to meet <br />with the association because I do. But I donÓt think itÓs fair for my client to extend <br />indefinitely when this decision or determination of a Contested Case will be made. So if <br />you can schedule for the next hearing, then I think itÓs up to Mr. Moore. I mean, I stand <br />ready and the architect is ready to meet with any opportunity with the association. So if <br />we can be guaranteed that we will be on the next meeting, that would be terrific. <br />5 <br />EXHIBIT A <br /> <br />