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2008-11-24 TCROWN
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2008-11-24 TCROWN
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really establishing is whether we can continue it at this point and to get rid of the public <br />testimony, yeah? So if -. Do we have any other questions for Sallie? Mr. Iwashita? <br />IWASHITA: Yeah, just, I guess the two parties who’ve indicated they’re willing to go <br />forward without filing their own application to intervene, they understand it if for whatever <br />reason Christopher McCullough says, you know, I’m not going to do this anymore, or if he dies <br />– I’m not putting any bad luck on him or anything – but if for whatever reason he no longer is an <br />intervenor, that’s the end of the contested case hearing, right? I mean, that’s, these parties would <br />have no control over that, so -. <br />WATANABE: Their waiver was subject to him becoming, granted standing. <br />IWASHITA: I’m assuming that he does become an intervenor and there is a contested <br />case hearing, but -. <br />WATANABE: In some future in the process -. <br />IWASHITA: But at some future date before this matter is resolved, right, for whatever <br />reason he no longer is an intervenor, whether by natural causes or by choice, that they understand <br />that’s it, that they don’t have any control over the case anymore. That’s what I wanted to make <br />sure. <br />WATANABE: Okay. Mr. Torigoe, let me propose something to you. If we proceed at <br />this process, can we, I mean, based on these waivers and the assumption that these are the only <br />ones, at least for now, that had not been properly or timely notified, could we then make it a <br />requirement that the applicant provide another notice and satisfy the notification without <br />nullifying any actions that were taken today, which might include granting standing to <br />Christopher McCullough? <br />TORIGOE: Well, I think you probably want to ask the applicant to confirm with staff <br />to see if, you know, to just ensure that all proper notice was given. If there is some reason to <br />believe that an additional notice has to be given, certainly that’s within the Commission’s <br />discretion to do so. Or if you look at what’s happened today and you feel that there are already <br />merits in sending them another notice, you could do that as well. I might also note just that if <br />Mr. McCullough is given standing and if he dies, under your Rule 4-16 parties can be substituted <br />for him. <br />WATANABE: Okay, thank you. So that would satisfy your question. <br />IWASHITA: Yeah, I understand the substitution, but that is beyond the control of the <br />two people we are talking about, you know, potentially, because a substitute would be either his <br />estate or successor in interest of his title in the property, right? <br />WATANABE: Okay. You know what? Irrespective, yeah, right now we haven’t made <br />any decision on anything yet, right? <br />EXHIBIT D <br />16 <br /> <br />
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