. >> i'm completely with commissioner raenie with 67.22 b. and i think i come to the same result on the other three but i'm wondering what is the best way for to us reflect it. on the first two, i think we are not saying that he prevailed in overcoming the presumption. i think we are saying they don't seem to apply at all i think the difference might matter if other people are thinking, what does it take to overcome and burden or sunshine to know what applies or not. just a thought. i'm just offering that up. we can do those two and as for 67.34 i don't think he overcame a presumption by demonstration there was no pattern in practice that sunshine did not in fact carry it's burden to build that presumption, not that he overcame it. >> i think that was what commissioner was saying. >> yeah. they didn't -- the construct that he could kick over. >> right. i think that was the guidance to that. >> i think that's going to cause more confusion because it's the respondent's burden, we are giving some weight to the task force. i think he has overcome