THE WITNESS Sample Clauses

THE WITNESS knows the corporate seal of the Corporation. The seal affixed to this document is the corporate seal of the Corporation. The seal was affixed to this document by the Corporate Officer. The Corporate Officer signed and delivered this document as and for the voluntary act and deed of the Corporation. All of this was done in the presence of the Witness who signed this document as attesting witness. The Witness signs this proof to attest to the truth of these facts. Sworn to and signed before me on the date written above.

THE WITNESS. I guess if the method is 15 prescribed by the Commission, the only consternation 16 would be whether the data is correct. And I submit that 17 meter readings are what they are.

THE WITNESS. In absence of a 7 context, I don't think it's a term of art that 8 necessarily means anything. If you can show me 9 someplace where that exists, I can opine better, 10 but it might be the same, it might be different, 11 depending upon context. I don't think I used that 12 term in my declaration. 13 BY ▇▇. ▇▇▇▇▇▇:

THE WITNESS. It's my understanding that, for each 9 employee, it's a plan that is come up with a supervisor that 10 identifies what steps an employee needs to improve and put 11 themselves on a career development track. 12

THE WITNESS. Well, let's just make sure we're 1 talking the same terms here. I consider capacity factor 2 the average energy over the year divided by the name 3 plate of the unit. That's kind of an energy base, how 4 much energy do we get over the year. 5 The 20 percent is more how much credit do we 6 give it for capacity? How much towards meeting our 7 ability to meet our peak load. And so we call that -- I 8 call that a capacity credit as opposed to a capacity 9 factor. But, you know, as long as we're talking the same 10 terms. 11 So on the capacity credit nobody's -- you know, 12 if you have a coal plant, they'll pretty much say -- if 13 you have a 100 megawatt coal plant, they'll say we're 14 going to give it 100 megawatts because they think it's 15 probably pretty reliable. It will probably be on during 16 the peak. There's some chance it won't be; right? It 18 Normally coal plant you would say we're going to 19 count it 100 percent towards meeting our peak. For a 20 wind plant nobody's counting wind 100 percent towards 21 meeting peak. And the question is, well, how much should 22 we count it? 23 And that gets to be a very, very complicated

THE WITNESS. Thank you. 11 JUDGE ▇▇▇▇▇: The witness is excused. 12 (Witness excused.) 13 JUDGE ▇▇▇▇▇: And at this stage, then, are we 14 prepared to call -- do you want to call 15 ▇▇. ▇▇▇▇▇▇▇▇▇? 16 ▇▇. ▇▇▇▇▇▇: Yes, we do. 17 JUDGE ▇▇▇▇▇: ▇▇. ▇▇▇▇▇▇▇▇▇, this is Judge 18 ▇▇▇▇▇.

THE WITNESS. I don't understand 23 the question.

THE WITNESS. I always tell them the place belong to my husband’s family, but I didn’t tell them that we were sharing it. The Court: I don’t know what went on. But I am just looking at your witness statement which you made, which you said is true and correct and you told the court that you have a very good memory like a computer. So, what is the court to make of that? I told ▇▇▇▇▇▇▇ ▇▇▇▇▇ my husband’s family hired the tractor. That they intended sharing up the land. The Witness: Well, maybe I did say that. I mean that’s the way it is. It’s my husband’s family in the will.” [34] ▇▇▇. ▇▇▇▇▇▇ called her relative, ▇▇. ▇▇▇▇▇▇▇▇▇ to testify on her behalf. He is a Justice of the Peace and lives at Gambier Village. He swore an affidavit on 16 December 2016. He stated that he is 80 years old having been born on 9 October 1936 to ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ neé ▇▇▇▇▇▇ and ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, both of whom are deceased. He is well acquainted with the land which ▇▇▇. ▇▇▇▇▇▇ occupies. He has known the land for 63 years. The land is part of what was traditionally called ▇▇▇▇ Tract. He stated that he grew up knowing that the land was owned by his great grandmother, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇. He honestly believes that she had an interest in 1,100 acres which was part of her residuary estate. He stated that relatives including the late ▇▇▇▇▇▇ ▇▇▇▇▇▇, the husband of ▇▇▇. ▇▇▇▇▇▇, have researched the interest of their family. He stated that the late ▇▇▇▇▇▇ ▇▇▇▇▇▇ lived on the land until his demise in 2014. [35] ▇▇. ▇▇▇▇▇▇▇▇▇ said that, over the years, parts of the land had lain fallow. No trespasser has been on that land continuously for 12 years. He heard that one ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ attempted to quiet a part of the land but he has no further information regarding it, except to say that he never occupied it continuously to bar the title of the heirs of ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇. [36] Under cross-examination by ▇▇▇. ▇▇▇▇▇, ▇▇. ▇▇▇▇▇▇▇▇▇ testified that there was a conveyance for the 1,100 acres of land owned by ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇. He however does not know the complete boundaries to the 1,100 acres. He stated that his family was in possession of the land because they were farming it. They were growing sugar cane, bananas, citrus and other crops. He said that he does not farm the land anymore although ▇▇▇. ▇▇▇▇▇▇ does. [37] ▇▇▇. ▇▇▇▇▇ suggested to ▇▇. ▇▇▇▇▇▇▇▇▇ that there is no farming on the land, and particularly, the portion owned by Propco. He said that there are portions of the land that his family works on. He maintained ...

THE WITNESS. I have no objection to fixing it 21 if we could come up with a number that actually occurred 22 going forward. Because I strongly believe in a 23 performance-based payment. In other words, if they 24 perform, we'll pay for it. I have no issues with that. 25 But if we're just going to guess at a number 1 that currently appears to be higher than even available 2 in the zone that we're operating in -- they're 3 projecting 20 percent, and I think the last MISO analysis 4 that was done for this last report that came out early 5 December -- 15.2 percent I think for the zone that this 6 site is in.