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2007-09-21 TIBBETSON
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2007-09-21 TIBBETSON
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parties be able to object or comment on those before we proceed. Because my understanding, I <br />guess now under the contested case procedure, is that the parties should have that and make their <br />objections or comments of record before we actually vote, and so, not after the fact. That’s my <br />lesson from the D-Bar case. <br />GRAHAM: All right. Commissioner Iwashita, let me try to state in a concise form <br />what I think is before us from what you’ve suggested. Maybe there’s two parts to it: One part is <br />I think you are suggesting that even if we don’t affirmatively vote to deny, if we fail to have the <br />votes to approve today, your sense is that the application will thereby be denied; and the second <br />part of what you’re saying is that if that should occur, is there other background and supporting <br />material that we should have before us today before that occurs. Is that correct? <br />IWASHITA: No. <br />GRAHAM: Okay. <br />IWASHITA: I’m just concerned, and maybe we should have an agreement on, with the <br />parties, on how this proceeds in terms of compliance with the contested case procedure, because <br />you know, that whole D-Bar case, I mean the law is, you know, what the judge cited. And to me <br />it’s better to make sure that there are no technical kinds of problems, essentially, that we ran into <br />in that case. And so, you know, this case has gone up and come back down once. And I just <br />don’t want that to happen again just on a technical thing here.And you know, that’s what we are <br />talking about is what rules that we are following. And the main one is the contested case <br />statutory procedure that we want to make sure that, you know, the parties have the full <br />opportunity to present the case and objections and so forth. And so I just want to make sure that <br />maybe if the parties’ representatives can say that they have had enough opportunity to set off <br />their whole position and they don’t require proposed Findings of Fact, Conclusions of Law at <br />this time in order to proceed further, then fine, so that, you know, still on the record we have an <br />agreement that the contested case procedure has been complied with. If not, then we ought to fix <br />it, or make sure it is otherwise complied with. <br />GRAHAM: All right, I’ll pass directly to Mr. Torigoe here for his understanding of <br />your comments and how we should proceed. <br />TORIGOE: Okay. Thank you, Mr. Chairman. First, regarding the timing, I think <br />Commissioner Iwashita properly reminded me once that under Rule 4 there is a 90-day <br />timeframe actually that applies. So I think we still have some time to make a decision, you <br />know, if we can’t come up with a decision today. Number two, with respect to the requirements <br />of 91-11, in this case we already allowed the parties to file proposed findings and conclusions <br />and decisions, and to have exceptions; and I think the parties pretty much agree that that takes <br />care of the 91-11 issue. If there is anybody who disagrees with that, I’d like to hear right now. <br />But I think that’s, that pretty thoroughly has dealt with that. <br />GRAHAM: Is that acceptable interpretation by the parties? Does any of the parties <br />have anything they wish to say further on that? Thank you. <br />IWASHITA: Mr. Chair, I want a clear record, not nodding of the heads. <br />EXHIBIT A <br />8 <br /> <br />
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