the e.d.o. went on to testify that, quote, the chairman told him that all four commissioners were in agreement with the language, end quote. is that correct? >> that's what we were told, yes. >> now, you conclude the chairman selectively misled three commissioners and to one commissioner, he rerevealed nothing at all about the c.r. guidance to close out the yucca review, correct? >> that's correct. someone's testimony appears to be false, either the e.d.o. is misstating he received this assurance from the chairman, or the chairman did not tell the truth to the e.d.o. about having the agreement of the other commissioners. how do you recollect ok sile this testimony. >> the chairman did not recall when asked if he had communicated to the e.d.o. and exactly what he had communicated in terms of giving him the green light to issue the c.r. memorandum. however, the e.d.o., as you've indicated, does say or did tell us the chairman told him the memorandum could be issued, all were onboard, he had spoken

staff, including the e.d.o. assumed as late as mid nept the c.r. guidance would continue the licensing review with those available fun as you said. so the draft c.e.o. them as of mid september bear it out. despite the chairman's instructions to slow down, staff plans to continue work usinghose f.y.i. 2010 funds. but the chairman changed that, that's where we are, right? >> the senior staff always anticipated they would be able to complete certain volumes and theyere relying on f.y. 2010 funds to do that. >> this was the chairman's policy, to slow walk these critical reports to october, early november, and use his budget authority to ensure the staff findings would not be made public, is that correct? >> i think the report is reflective of the fact once it got into budget space you'd have to use another mechanism to change the course and since you did have the budget guidance memorandum everyone was complying with, it would have taken a calm at that juncture to move it over. >> my time is almostp. let me ask this question, did your investigation exa