§ 221.23 Will hearing requests be consolidated?
(a) Initial Department coordination. If NOAA has received a copy of a hearing request, it must contact the other Departments and determine:
(1) Whether any of the other Departments has also filed a preliminary condition or prescription relating to the license with FERC; and
(2) If so, whether the other Department has also received a hearing request with respect to the preliminary condition or prescription.
(b) Decision on consolidation. Where more than one Department has received a hearing request, the Departments involved must decide jointly:
(1) Whether the cases should be consolidated for hearing under paragraphs (c)(3)(ii) through (c)(3)(iv) of this section; and
(2) If so, which Department will conduct the hearing on their behalf.
(c) Criteria. Cases will or may be consolidated as follows:
(1) All hearing requests with respect to any conditions from the same Department will be consolidated for hearing.
(2) All hearing requests with respect to any prescriptions from the same Department will be consolidated for hearing.
(3) All or any portion of the following may be consolidated for hearing, if the Departments involved determine that there are common issues of material fact or that consolidation is otherwise appropriate:
(i) Two or more hearing requests with respect to any condition and any prescription from the same Department;
(ii) Two or more hearing requests with respect to conditions from different Departments;
(iii) Two or more hearing requests with respect to prescriptions from different Departments; or
(iv) Two or more hearing requests with respect to any condition from one Department and any prescription from another Department.