2011-08-04 WINDWARD TRANSCRIPT VERIZON

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KERN: There’s a hard line running in there. SUNG: Well, yes, but it’s underground. AU: Oh, it’s underground. And what’s the dimensions on that? Oh, you know what, you’re going to go through the Building Department. SUNG: Permit, correct. AU: That’s concrete jacket and all of that stuff then. SUNG: Correct. KERN: You’re checking for the safety concerns? AU: Safety kind of concerns for the contested case. And I have questions later so I guess later on -. KERN: Outside of standing, yeah? AU: It’s not for the contested case -. KERN: Okay, then we’ll have a chance for that. Okay, so I think you’ve had a chance to inject on all of those. SUNG: Yes. KERN: So if there’s nothing else -. SUNG: No, I’m good. KERN: You may have a seat. Thanks. Okay, so now it’s up to us to make a motion to either grant standing or to deny standing to Mr. Fischer. Commissioner Ishibashi? ISHIBASHI: I make a motion that we deny standing on the contested case hearing. KERN: For what reason? ISHIBASHI: Just based on the safety concerns. Looks like they addressed all of the safety concerns on the cancer, the distance of the poles and the potential falling on any structures or housing close by. MECKLENBURG: Okay, yeah, just to clarify. So the two bases that have been asserted are: (1) that they don’t, that the proposed action will cause an actual or threatened injury in fact; and so that’s the potential safety issues. But also if the petitioner’s interest is clearly distinguishable from that of the general public, then they shall be admitted as a party. So it’s any one of those. So in order to deny standing you have to have both, address both bases that their interest is not clearly distinguishable from that of the general public and that the proposed action will not cause them actual or threatened injury in fact. Is that clear? ISHIBASHI: Yes. MECKLENBURG: Okay, so if you could just state your reason why you believe the petitioner’s 18 EXHIBIT B