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i~ <br /> <br />' 16 <br /> 1 is a question to Fred and to Frank, can we do that? Can we issue <br /> 2 a Board Order in this proceeding iP we don't find an N.O., <br /> 3 MR. JOHNSON: Yes. <br />' 4 MR. O'CONNOR: And if that's the case, then doesn't <br /> 5 that protect us because if they don't follow that, then we can <br /> 6 b <br />i <br />th <br />b <br />k f <br /> r <br />ng <br />em <br />ac <br />or failure to follow on Board Order? <br />t 7 CHAIRMAN DANIELSON: Well,-- <br /> 8 MR. JOHNSON: Well, maybe. I think I spoke to soon. <br />' 9 I think to modify the permit upon the findings of a violation is <br /> 10 essential and in this case we would be--want to amend the permit <br />' 11 ith <br />t fi <br />di <br />th <br />i <br />l <br />i <br />If <br /> w <br />ou <br />n <br />ng <br />e v <br />o <br />at <br />on. <br />you give me a minute. <br /> 12 MR. O'CONNOR: Let me just say as art of an objection <br /> 13 here, my principal objective is to get this mess cleaned up and <br />' 14 cleaned up in a responsible and reasonably sound manner and do it <br /> 15 in as reasonably quickly as we can do. <br />' 16 CHAIRMAN DANIELSON: Are <br />ou <br />aid u <br />? <br /> y <br />p <br />p <br />' 17 MR. JOHNSON: I just want to address one thing to this <br /> 18 discussion is under the APA one of the things that you need to do <br />' 19 in making this decision, it says that each decision shall include <br /> 20 a statement of finding and conclusions upon all the material <br />' 21 issues of fact while discussions presented by the record. <br />' 22 And I think that if I understand your proposal is that <br /> 23 there-- we see some facts demonstrating damage to the hydrologic <br />' 24 balance and a number of things like that but yet don't want to <br /> 25 find a violation. <br />1 <br />J <br />