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TORIGOE: Okay, so basically if you feel that you do not need to or want to file for a <br />contested case, and if you are willing to basically say on the record that you have no problem <br />with this matter going forward without your filing for a contested case, and you’re basically <br />waving that right, and you’re content to come and testify as a member of the public – and you <br />can also be called as a witness by the McCulloughs, if we go into a formal contested case – if all <br />that is on the record and you are okay with the matter going forward on that basis, then you can <br />go forward. But again, bare in mind, though, the McCulloughs have filed their request to have a <br />contested case, but they have not yet been admitted as a party. And that is the next thing that the <br />Commission is going to take up. So you may want to reserve your right, you know. I can’t say <br />at this moment that the McCulloughs will in fact be allowed to intervene as parties; that’s a <br />decision that the Commission has to make. <br />WATANABE: Okay, to make a decision simpler for him, could he go on record giving up <br />that right provided the McCulloughs were granted standing? <br />TORIGOE: Right. Yeah, he could do that. <br />WATANABE: So in other words, if you want these hearings to continue now, you can <br />say, I wave my right of timely notice and the ability to file as an intervenor in a contested case <br />hearing provided the McCulloughs are granted standing as an intervenor. <br />BLANCATO: As a contested case applicant. Yeah, I do. And that works. And the <br />McCulloughs can call -. <br />WATANABE: Okay, is that clear? <br />BLANCATO: That’s my intention. The McCulloughs can call me as a witness, should <br />this proceed forward. <br />WATANABE: Exactly, exactly. <br />BLANCATO: Correct. <br />WATANABE: So you are satisfied with that? <br />BLANCATO: Yes. <br />WATANABE: Okay. <br />IWASHITA: Mr. Chair? <br />WATANABE: Yes, Mr. Iwashita? <br />IWASHITA: Just to point out, everyone’s been talking about the McCulloughs, but my <br />review of the application only Christopher McCullough has applied; it’s not two parties, just one <br />person. <br />EXHIBIT D <br />10 <br /> <br />