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OM 17-25 Ahlquist v. Energy Facilities Siting Board - No Violation

The Complainant alleged that the EFSB violated the OMA when it denied him entry to a pre-hearing conference. The uncontroverted evidence demonstrated that the pre-hearing conference was only attended by three private attorneys and an attorney for the PUC. Because none of the EFSB members was present for this conference, a "quorum" of the EFSB did not convene and, as such, the OMA is not implicated. See R.I. Gen. Laws 42-46-2(4). Accordingly, we found no violation.

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