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i~ <br />• . 26 <br />1 MR. BANTA: Or what we could do i:s go <br />2 ahead and notice it as sort of a legal/technical matter. <br />3 We could go ahead and notice it as a legal/technical <br />4 matter. It would be before the end of this month, but if <br />5 it turns out we can't resolve it, we'll notify a.Ll the <br />6 parties that we are-- <br />7 CHAIRMAN O'CONNOR: Sunshining it off the <br />8 agenda. <br />9 MR. BANTA: Right, or withdrawing it <br />l0 because it's not appropriate. That's the questi~~n. <br />11 There will be notice that there's going to be a liearinq, <br />12 but if for some reason we can't or shouldn't have it, it <br />13 will be withdrawn from the agenda, and we will notify <br />14 everybody. <br />15 CHAIRMAN O'CONNOR: And it will bra subject <br />16 to everybody having the same legal rights or wou:Ld <br />17 otherwise have it proceed so nobody will have to run up <br />18 here and re-raise their new or same legal argument. <br />19 MR. NUSSBAUM: If I may make a brief <br />20 suggestion that may be an additive to that, I th_~nk <br />21 that's a good idea. My client, I know, does not like me <br />22 driving the highways repeatedly when we're not getting to <br />23 a final resolution. My sense of what will be happening <br />24 during the next couple of weeks is that the staff and <br />25 Castle, primarily, will be negotiating. I don't think <br />