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<br />HO: Sorry, does he have a mike? Do you have a microphone?
<br />
<br />IKEDA: No, I don’t. I’ll borrow his. Okay, I have a problem on the statement that “no later
<br />than seven calendar days, prior to the Commission’s first meeting on the matter.” When I first
<br />read this, I misread it and I thought it was on the seven days before the contested case hearing,
<br />because we were talking about contested case hearing and not the formal, the first initial hearing.
<br />So when Joe was talking about it and he said how do you know if you are going to, you know,
<br />you are going to be an intervenor, if you don’t know if you are going to win or lose, because you
<br />usually contest when you lose, or you think you are going to lose, most people go in there not
<br />thinking they are going to lose. So is there any way it could be seven days prior to the contested
<br />case hearing? And that’s my feelings. Because you are going to pay 200 dollars at that time.
<br />That’s the problem I have.
<br />
<br />HO: I can address that question. So that is to intervene and to create a contested case. So there
<br />won’t be a contested case until somebody intervenes. So we can’t notify anybody seven days
<br />prior to the contested case because there isn’t one yet. So if you guys want to increase that
<br />timeline, I guess that’s something that’s possible. But the whole point is it doesn’t, it’s not going
<br />to be created until it’s created, I guess, I don’t really know how to explain it better than that, but.
<br />
<br />IKEDA: I think you understand what I’m saying, because you don’t, you don’t necessarily go
<br />into something, thinking you are going to lose; you are going there because you want to get
<br />something. Even when I go for permit, I don’t think I’m going to lose, even if I lose, but I think
<br />I’m going to win. So somehow the language doesn’t seem correct, because if I think I’m going
<br />to lose, I don’t, thinking of the votes then I would like to have a, you know, to go into a
<br />contested case hearing.
<br />
<br />SHIMAOKA: I had a thought that, would it be up to the Commission at that point when we
<br />discover that it is going to be, go into a contested case, that the Commission whoever is
<br />responsible, whether it’s Leeward or Windward, would determine the amount of day, so that you
<br />don’t have, because it seems like whether it’s seven or, you know, what’s the amount of
<br />notification time after they discover —
<br />
<br />IKEDA: Yeah, that —
<br />
<br />SHIMAOKA: — they find out they are going to have a contested case hearing?
<br />
<br />IKEDA: Yeah —
<br />
<br />HO: Well, okay, wait, let me just interject real quick, sorry. So contested cases are not created
<br />for the applicant; the applicant puts their application in front of the Commission, and whether
<br />you win or lose, your way to contest that is to go to the Third Circuit. That’s how you get your
<br />appeal rights. A contested case is created when an intervenor doesn’t want the applicant to win.
<br />That’s when they come in. When they don’t want the applicant to go forward because they think
<br />it’s going to affect their interest or their property rights or whatever it may be, that’s when the
<br />contested case is created. So for the applicant, it doesn’t matter for them, if we, if we allow the
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