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<br />1 language of that decision by the courts interpreting <br />2 the mandatory 120-day provision is quite clear. <br />3 CHAIRMAN DANIELSON: Sir, we're going <br />4 to address the 120-day thing separately here. I am <br />5 simply looking right now at this issue, how we <br />6 proceed in view of the fact that there is a <br />T reason-to-believe letter outstanding and how that <br />8 should impact the order of proceeding. <br />9 MR. EVAA'S: I honestly don't believe <br />10 that the rules of the Board permit a nondet~:rmined <br />11 event to affect this amendment hearing procedure. I <br />12 think that's what the rules say, and if the Board <br />13 determines to ignore its own rules, I suppo:~e that's <br />14 why we perhaps are involved in the procedural events <br />15 which the chairman has commented upon, is w.a seek to <br />16 have a government of law and not a governmer7t of <br />17 individual whim or wish. <br />18 If those laws grant us the o;~portunity <br />19 for achievement within a specified period, .if they <br />20 say, you steal] get this, you sha]] get that. the_^. we <br />21 do the best we can to comp]y with it aad fi:zd if we <br />22 don't, we're not in compliance. To be i:i compliance <br />23 with its own rules, the issues of off-site, whit:: <br />24 were not included in the issues of the prehe:arins <br />25 order, should r.ot be considered a.^.;~ par: of this <br />24 <br />MIDYETT R°PORT_ING SrnVICr <br />(303) ?24-22'_7 <br />