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<br /> <br />' 1$ <br />1 MR. BRIGGS: Yes. We would be estopped. I think the <br />' 2 Board can issue an order at any point regarding the permitted <br /> 3 activity oP which if were violated, we would be subjected to all <br />' 4 the sanctions of violating a Board Order. <br /> 5 MR. O'CONNOR: What is your opinion on that, Frank? <br />' 6 MR <br />JOHNSON <br />I <br />hi <br />k <br />id <br />f <br />h <br /> . <br />: <br />t <br />n <br />outs <br />e o <br />w <br />at the statute <br />' 7 specifically calls for, I don't see anything specifically <br /> 8 prohibits it. I think the argument can be made that the Board <br />' 9 authority stems from the finding of the violation. <br /> 10 It gives the authority to make these orders, I think <br />' 11 Mr <br />Bri <br />i <br />ht b <br />i <br />ht th <br />t th <br />b <br />d <br />t <br />l <br />i <br />i <br />l <br /> . <br />ggs m <br />g <br />e r <br />g <br />a <br />ere <br />oes <br />e es <br />oppe <br />pr <br />nc <br />pa <br />' 12 here but what occurs to me is that we are essentially negotiating <br /> 13 a decision here and are a number of parties to this hearing, I <br /> 14 think that that might create a problem. I doubt we'll get <br /> 15 waivers and stipulations from all of them. <br />' 16 MR. O'CONNOR: I recognize one rf more of the other <br />' 17 parties in the likelihood are not going to be excited if this is <br /> 18 the issue we oppose. <br />' 19 MR. JOHNSON: And, again, to try to clarify, I think <br /> 20 that we would run the risk of hearing the argument from the other <br />' 21 parties on the judicial review that the Board didn't have the <br />' 22 authority to issue an order without finding a violation. <br /> 23 And secondly, the Board has--and the Board has to make <br />' 24 some factual finding. There has to be some factual basis for <br /> 25 saying there is not a violation to begin with, and that <br />