(1) On request of the applicant, the Commissioner may first deal with an application under section 29 as if it were an application for a temporary public interest determination.
(2) If the Commissioner deals with the application as if it were an application for a temporary public interest determination—
(a) for the purposes of Subdivision 2, the application is taken to have been made under section 38; and
(b) the Commissioner may continue to consider the application under this Subdivision, whether or not a temporary public interest determination is made.