What is the test for determining the meaning of legislation in a case of first impression?

"In construing statutes in a case of first impression," as here, "we first look to the language of the controlling statutes, and second to legislative history." Central Montana Elec. v. Administrator of the Bonneville Power Admin., 840 F.2d 1472, 1477 (9th Cir.1988). "Absent a clearly expressed legislative intent to the contrary, the plain language must ordinarily be regarded as conclusive." Id. See also United States v. Ron Pair Enter., Inc., 489 U.S. 235, ----, 109 S.Ct. 1026, 1031, 103 L.Ed.2d 290 (1989) (the "plain meaning of legislation should be conclusive"). Because there is no legislative history of note, we rely solely on the plain meaning of the statute. ⁸