43 CFR 45.4 - What deadlines apply to the trial-type hearing and alternatives processes?

View all text of Subpart A [§ 45.1 - § 45.4]

§ 45.4 - 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) DOI files preliminary condition(s) or prescription(s) with FERC	0		45.20.	(2) License party files request for hearing	30	Within 30 days after DOI files preliminary condition(s) or prescription(s) with FERC	45.21(a).	(3) Any other license party files notice of intervention and response	50	Within 20 days after deadline for filing requests for hearing	45.22(a).	(4) Bureau may file answer	80	Within 50 days after deadline for filing requests for hearing	45.25(a).	(5) OEPC refers case to ALJ office for hearing and issues referral notice to parties	85	Within 55 days after deadline for filing requests for hearing	45.26(a).	(6) Parties may meet and agree to discovery (optional step)	86-91	Before deadline for filing motions seeking discovery	45.41(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	45.30.	(8) Party files motion seeking discovery from another party	92	Within 7 days after effective date of referral notice	45.41(d).	(9) Other party files objections to discovery motion or specific portions of discovery requests	99	Within 7 days after service of discovery motion	45.41(e).	(10) Parties meet to discuss discovery and hearing schedule	100-104	Before date set for initial prehearing conference	45.40(d).	(11) ALJ conducts initial prehearing conference	105	On or about 20th day after effective date of referral notice	45.40(a).	(12) ALJ issues order following initial prehearing conference	107	Within 2 days after initial prehearing conference	45.40(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	45.43(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	45.45(c).	(15) Parties complete all discovery, including depositions, as authorized by ALJ	130	Within 25 days after initial prehearing conference	45.41(i).	(16) Parties file updated lists of witnesses and exhibits	140	Within 10 days after deadline for completion of discovery	45.42(b).	(17) Parties file written direct testimony	140	Within 10 days after deadline for completion of discovery	45.52(a).	(18) Parties complete prehearing preparation and ALJ commences hearing	155	Within 25 days after deadline for completion of discovery	45.50(a).	(19) ALJ closes hearing record	160	When ALJ closes hearing	45.58.	(20) Parties file post-hearing briefs	175	Within 15 days after hearing closes	45.59(a).	(21) ALJ issues decision	190	Within 30 days after hearing closes	45.60(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) DOI files preliminary condition(s) or prescription(s) with FERC	0		45.20.	(2) License party files alternative condition(s) or prescription(s)	30	Within 30 days after DOI files preliminary condition(s) or prescription(s) with FERC	45.71(a).	(3) ALJ issues decision on any hearing request	190	Within 30 days after hearing closes (see previous table)	45.60(a).	(4) License party files revised alternative condition(s) or prescription(s) if authorized	210	Within 20 days after ALJ issues decision	45.72(a).	(5) DOI 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	45.73(a).