2007-09-21 TIBBETSON - Laserfiche WebLink

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GRAHAM: All right. Mr. Matsukawa? MATSUKAWA: Yes. Intervenor’s position is that the record is closed. The proposed Findings had been submitted earlier, and whatever is on the floor is just a procedural matter not covered by the 91-11. GRAHAM: Thank you, Mr. Matsukawa. Mr. Krueger? KRUEGER: I would agree, Mr. Chairman. GRAHAM: Thank you. And Mr. Yuen? YUEN: Agree that the Findings are before the Commission, and the Commission can adopt either Findings favorable or unfavorable, and make a decision today. I did want to say, though, on the pending procedural question, I could be wrong and perhaps we should check the Rules, but I believe the Rules say that procedural questions during a contested case are decided by the Chair. GRAHAM: Thank you, Mr. Yuen. Yes, Mr. Torigoe? TORIGOE: Yeah, that’s an interesting question. Basically Rule 4-7 (e) says – I’m sorry, hold on a second here – 4-5 speaks of the presiding officer controlling the course of hearings, rules upon all objections or motions which do not involve a final determination of the proceeding. So in that sense, the Chairperson would have the right to determine any procedural motions. On the other hand, in some sense, what Mr. Matsukawa is asking for is really dispositive, isn’t it? Because he is saying that you have no choice but to deny. So you know, it kind of straddles both of those, and in some sense it will be safer if you can have a motion that everybody agrees one way or the other. GRAHAM: Thank you, Mr. Torigoe. So my inclination upon hearing that is that I would entertain a motion from one of the Commissioners to handle the correspondence that we got from Mr. Matsukawa, the intervenor, which is proposing to restrict our action to motions today of denial or continuous postponement. And if the Commission comes to a clear record on that, a clear majority, then I am willing as Chairman to go with that. Otherwise, I’ll have to make my own decision. So could I have a motion from one of the Commissioners? IWASHITA: Mr. Chair? GRAHAM: Commissioner Iwashita? IWASHITA: Just procedurally, I guess my thought was maybe we should just have a -, I would make a motion to deny the application, and we can have that discussion, have a vote, and then deal with proceeding further after that. GRAHAM: Thank you for your thought. We did I think discuss that maybe slightly before you came about whether we should deal with the application and then have Mr. Matsukawa’s contention come into play as we deal with it, or whether we should sort of take action and dispose of his allegations first before we deal with the content and the substance of EXHIBIT A 9