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2003-12-04 TDOUTOR
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2003-12-04 TDOUTOR
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previously adopted. And so what weÓre seeking is an amendment to Condition 5(c) to <br />allow a maximum of one large bus per day; and this is, again, to transport visitors to the <br />site. <br />GALDONES:Well, before we proceed any further with the discussion, I would <br />like to ask our counsel if this matter is properly before us for consideration. <br />OÓTOOLE:Okay, Mr. Chairman, I believe that when the Commission h <br />specific rule that addresses the problem thatÓs being presented, which you do, which is to <br />amend the condition of the permit, that the Commission does not need to look in Roberts <br />Rules to find some kind of rule that might fit the situation. What the Applicant is asking <br />for is to delete a condition. And in your 6-8, that is specifically covered, the procedure is <br />specifically covered; and it requires the filing fee, and notice to people who might oppose <br />it, and we know there was opposition on this. So it is my opinion that the proper motion <br />would be a motion to amend or delete the condition under your Rule 6. <br />GALDONES:Thank you. Commissioners, any question of Mr. Tsukazaki? <br />Commissioner Springer? <br />SPRINGER:I have a question of counsel then. So if weÓre following <br />Rule 6-8, weÓd be expecting to see a check for that filing fee, as well as something in that <br />form that comports with 6-8? <br />OÓTOOLE:Yes, as well as the notice requirements. <br />OÓTOOLE:Thank you. <br />GALDONES:Commissioner Kubota? <br />KUBOTA:If I get the drift, are you saying this is not the correct format? <br />There needs to be another revised request by the petitioner? <br />OÓTOOLE:Well, I think the petitioner has been told more than onc <br />motion to amend, that that seems to be the essence of what heÓs <br />rules do refer to Roberts Rules, I donÓt see why you need to look for Roberts Rules for <br />this kind of motion which heÓs saying the Commission itself should make. I donÓt see the <br />Commission having a strong desire to go that way. If he wants the Commission to <br />change the conditions, he should follow Rule 6. <br />GALDONES:Commissioner Kubota? <br />KUBOTA:Mr. Tsukazaki, have you been in dialogue with our counsel <br />regarding the proper procedure or the preferred procedure, and you choose one over the <br />other? Is there any reason for that, or is it one and the same to you? <br />4 <br /> <br />
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