50 CFR § 221.4 - What deadlines apply to the trial-type hearing and alternatives processes?

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§ 221.4 What deadlines apply to the trial-type hearing and alternatives processes?

(a) The following table summarizes the steps in the trial-type hearing process under subpart B of this part and indicates the deadlines generally applicable to each step. If the deadlines in this table are in any way inconsistent with the deadlines as set by other sections of this part or by the ALJ, the deadlines as set by those other sections or by the ALJ control.

Process step Process day Must generally be completed See section
(1) NOAA files preliminary condition(s) or prescription(s) with FERC 0 221.20.
(2) License party files request for hearing 30 Within 30 days after NOAA files preliminary condition(s) or prescription(s) with FERC 221.21(a).
(3) Any other license party files notice of intervention and response 50 Within 20 days after deadline for filing requests for hearing 221.22(a).
(4) NOAA may file answer 80 Within 50 days after deadline for filing requests for hearing 221.25(a).
(5) Office of Habitat Conservation refers case to ALJ office for hearing and issues referral notice to parties 85 Within 55 days after deadline for filing requests for hearing 221.26(a).
(6) Parties may meet and agree to discovery (optional step) 86-91 Before deadline for filing motions seeking discovery 221.41(a).
(7) ALJ office sends docketing notice, and ALJ issues notice setting date for initial prehearing conference 90 Within 5 days after effective date of referral notice 221.30.
(8) Party files motion seeking discovery from another party 92 Within 7 days after effective date of referral notice 221.41(d).
(9) Other party files objections to discovery motion or specific portions of discovery requests 99 Within 7 days after service of discovery motion 221.41(e).
(10) Parties meet to discuss discovery and hearing schedule 100-104 Before date set for initial prehearing conference 221.40(d).
(11) ALJ conducts initial prehearing conference 105 On or about 20th day after effective date of referral notice 221.40(a).
(12) ALJ issues order following initial prehearing conference 107 Within 2 days after initial prehearing conference 221.40(g).
(13) Party responds to interrogatories from another party as authorized by ALJ 120-22 Within 15 days after ALJ's order authorizing discovery during or following initial prehearing conference 221.43(c).
(14) Party responds to requests for documents, etc., from another party as authorized by ALJ 120-22 Within 15 days after ALJ's order authorizing discovery during or following initial prehearing conference 221.45(c).
(15) Parties complete all discovery, including depositions, as authorized by ALJ 130 Within 25 days after initial prehearing conference 221.41(i).
(16) Parties file updated lists of witnesses and exhibits 140 Within 10 days after deadline for completion of discovery 221.42(b).
(17) Parties file written direct testimony 140 Within 10 days after deadline for completion of discovery 221.52(a).
(18) Parties complete prehearing preparation and ALJ commences hearing 155 Within 25 days after deadline for completion of discovery 221.50(a).
(19) ALJ closes hearing record 160 When ALJ closes hearing 221.58.
(20) Parties file post-hearing briefs 175 Within 15 days after hearing closes 221.59(a).
(21) ALJ issues decision 190 Within 30 days after hearing closes 221.60(a).

(b) The following table summarizes the steps in the alternatives process under subpart C of this part and indicates the deadlines generally applicable to each step. If the deadlines in this table are in any way inconsistent with the deadlines as set by other sections of this part, the deadlines as set by those other sections control.

Process step Process day Must generally be completed See section
(1) NOAA files preliminary condition(s) or prescription(s) with FERC 0 221.20.
(2) License party files alternative condition(s) or prescription(s) 30 Within 30 days after NOAA files preliminary condition(s) or prescription(s) with FERC 221.71(a).
(3) ALJ issues decision on any hearing request 190 Within 30 days after hearing closes (see previous table) 221.60(a).
(4) License party files revised alternative condition(s) or prescription(s) if authorized 210 Within 20 days after ALJ issues decision 221.72(a).
(5) NOAA files modified condition(s) or prescription(s) with FERC 300 Within 60 days after the deadline for filing comments on FERC's draft NEPA document 221.73(a).

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