With no explanation, chose the best option from "A", "B", "C" or "D". Dep. 91:16-19 (“The interpretations come in with experimental, medical necessity, those types of issues. That’s where it can get a little gray.”). 22 . Designing the computer buildout also inevitably involved choices that required the exercise of discretion. For example, BeneFirst claims examiner and plan builder Carrie Red-die testified that she erred on the side of caution when doing programming work on the computerized system: “[A]t the very least I would set it up to deny. At the worse case scenario they could come back and say, 'no, that's supposed to pay.' I would err on the side of building it to deny rather than pay.” (ReddieDep. 99:10-14). 23 . That is apparently true despite the absence of the word “discretionary” from that prong of the statute. Cf. IT Corp., 107 F.3d at 1419 (<HOLDING>). 24 . As Dobens testified: “We would receive

A: holding that theterm discretionary does not apply to the phrase exercises any authority or control respecting management or disposition of plan assets
B: holding that the puc does not have the authority to regulate or control the management decisions of a utility absent a finding that the management decision would adversely affect the public
C: holding that even though the summary plan description did not include discretionary language the grant of discretionary authority in the plan controlled
D: holding that state action is present when the state exercises coercive power over is entwined in the management or control of or provides significant encouragement either overt or covert to a private actor
A.