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thought had retreated from these elevations and from this area only to the upper highlands. It <br />just isn€t true. So -. <br />ALAMEDA:Mr. Eger, I€m just looking, I want to make sure that we, the applicant in <br />the back mentioned an 8 o€clock flight. I€m getting a little bit nervous cause you have 11 <br />exceptions and I€m just wondering are you going to go through each exception like how you€re <br />doing with Exception 1? Because if so, I€m going to have to ask you to speed it up. <br />EGER:If Mr. Torigoe could answer a question it would help me a lot because I <br />don€t know what these exceptions bring. Because I had requested for reason that Bobby Jean <br />Leithead-Todd be recused from further action on this subject. And apparently that is not <br />something that goes before the Commission or how does that work? Because here she sits. <br />ALAMEDA:Mr. Torigoe, you care to respond? <br />TORIGOE:Thank you. If there is a formal request basically, I guess you would, for a <br />disqualificationorarecusalofcounsel,thenitissomethingthattheCommissionoughttodeal <br />with at some point. But, you know, you need to have a proper basis stated for that. It€s rather <br />strange because we€ve, I don€t know that we€ve ever seen this before and then last meeting in <br />Kona we saw a request like this as well. So I don€t know exactly what form this request is in, at <br />this point. <br />ALAMEDA:Could I ask you, Mr. Torigoe, what constitutes a formal request? <br />TORIGOE:Well, is there a writing request, has it been stated in writing somewhere <br />or -? <br />ALAMEDA:Staff, is there any formal request to recuse Ms. Leithead-Todd. <br />EGER:Well, it€s my exception 5. <br />HAYASHI:That€s in the exceptions that were filed by Mr. Eger. <br />ALAMEDA:Making note of that exception Mr. Torigoe? <br />TORIGOE:Well, I think what we should do is, I guess Mr. Eger at this point is raising <br />that issue. You could, there€s some options. You could stop at this point and try and take it up <br />quickly on the record. Let the parties state their positions regarding this and then you make a <br />decision, the Commission makes a, actually, since it€s a non-dispositive kind of a motion then <br />the presiding officer would have to make some kind of decision on that. <br />EGER:Mr. Chairman? <br />ALAMEDA:Go ahead. <br />EGER:If this is in order, it€s possible that we could take a, or is possible that you <br />can take break and hear that case that has a time problem because Mr. Torigoe seemed to <br />indicate that needed to be done, there needs to be a consideration of this exception 5. <br />16EXHIBIT B <br /> <br />