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zz <br />1 upon -- motion to intervene calls upon the board to <br />2 decide whether it will conduct as a separate <br />3 proceeding an inquiry into whether it has <br />4 jurisdiction to rule on Basin's motion. <br />5 If there is any chance, any opportunity <br />6 that the board might decide that my clients' <br />7 participation this morning is participation in the <br />8 previously scheduled proceeding, then I hope our <br />9 motion makes perfectly clear, and if it doesn't, <br />10 let me reiterate now or let me say now that we do <br />11 not wish to proceed. <br />12 MR. HELD: So in other words, for what <br />13 you're saying, the board should decide whether they <br />14 are going to move forward on an old versus a new <br />15 proceeding and then consider your motion to <br />16 intervene based on that answer. <br />17 MR. MORRIS: That's right. <br />18 MR. HELD: Okay. <br />19 MR. JAVERNICK: But the motion in front <br />20 of us is for Mr. Morris on behalf of the Tatums to <br />21 intervene on Basin's appeal to the vacation of the <br />22 violation. That's what the motion is in front of <br />23 us. <br />24 MR. MORRIS: That's right. <br />25 MR. JAVERNICK: There is not a motion in <br />