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puts kind of a kink in our schedule, witnesses and the people that are coming from different
<br />locations – that’s my major concern. I will say that if we do wait for public testimony go forward
<br />again tomorrow morning, there is a very good likelihood we are not going to get to Ali’s part of the
<br />case; so we’ll probably be going to have to come back. I can just see it now again anyway. So, you
<br />know, if the Commission’s desire is to, for purposes of tomorrow, you know, a lot of people who
<br />come and had planned to testify tomorrow, I’m okay with that. But I think it would be good, given
<br />the Commission’s, you know, previous desire and the agreement of the parties to, you know, put the
<br />rest of the public testimony afterwards, I would still prefer we maybe do kind of a bifurcated
<br />procedure in that fashion. And I don’t know if that answers the question. But maybe there is a way
<br />to accomplish both ways of doing it, but still take the people tomorrow that were going to testify.
<br />And I think from Ali’s standpoint, if we do that, you are not going to go on tomorrow, and we’re
<br />going to need to come back again, practically speaking.
<br />GHALAMFARSA: If I don’t lose my chance of testifying, you know, I’ll abide by it.
<br />HOUSEL: Mr. Olson.
<br />P. OLSON: Mr. Chair and Members of the Commission, you know, we are doing this scheduling
<br />based upon the assumption that the Commission is going to deny our joint request for a
<br />continuance; but assuming that, if the Commission denies our request, we would like an opportunity
<br />to examine Ali as a witness in our case. He is listed as a witness, and we would ask that he be
<br />called out of order, if necessary, in order to meet these strict time constrains. We thought we were
<br />going to put on evidence today, and we thought we had all of tomorrow. I know the other items on
<br />the agenda were added on after ours was scheduled. But we would just ask the Commission to take
<br />that into consideration; that’s why we would request that he be taken out of order. If not, it would
<br />be another basis for our request for a continuance.
<br />HOUSEL: It may be possible to take his testimony today, if you would like to do that.
<br />GHALAMFARSA: If it (inaudible) okay -.
<br />YEH: I, you know, my preference is to be able to put on our evidence in the order that we had
<br />preferred, I mean that’s still our position.
<br />HOUSEL: Did you, I’m sorry, I didn’t -.
<br />YEH: To be able to put on our evidence because, as the applicant, we’re generally entitled to put
<br />our witnesses on first. We did, you know, provided an accommodation for Junior Kanuha the last
<br />time, which we felt was appropriate. But I really think that Ali’s testimony tomorrow, it’s not going
<br />to happen; we’ll not be able to get to the intervenors’ case in any event, given the witnesses and the
<br />cross-examination that I anticipate, it’s not going to happen.
<br />HOUSEL: Okay, you would prefer to put your witnesses on first. Okay, that we understand. The
<br />recommendation that we take the public testimony in the morning and work through as much of the
<br />evidence tomorrow after the public testimony, is that in agreement?
<br />YEH: Yes, and we are actually ready to do some today.
<br />HOUSEL: Right.
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<br />EXHIBIT D
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