§ 1111.8 - Investigations on the Board's own motion.

§ 1111.8 Procedural schedule in stand-alone cost casesInvestigations on the Board's own motion.

(a) Procedural schedule. Absent a specific order by the Board, the following general procedural schedule will apply in stand-alone cost cases:

Day 0 - Complaint filed, discovery period begins.

Day 7 or before - Conference of the parties convened pursuant to § 1111.10(b).

Day 20 - Defendant's answer to complaint due.

Day 150 - Discovery completed.

Day 210 - Complainant files opening evidence on absence of intermodal and intramodal competition, variable cost, and stand-alone cost issues.

Day 270 - Defendant files reply evidence to complainant's opening evidence.

Day 305 - Complainant files rebuttal evidence to defendant's reply evidence.

Day 335 - Complainant and defendant file final briefs.

Day 485 or before - The Board issues its decision.

(b) Conferences with parties.

(1) The Board will convene a technical conference of the parties with Board staff prior to the filing of any evidence in a stand-alone cost rate case, for the purpose of reaching agreement on the operating characteristics that are used in the variable cost calculations for the movements at issue. The parties should jointly propose a schedule for this technical conference.

(2) In addition, the Board may convene a conference of the parties with Board staff, after discovery requests are served but before any motions to compel may be filed, to discuss discovery matters in stand-alone cost rate cases. The parties should jointly propose a schedule for this discovery conference.

[61 FR 52711, Oct. 8, 1996; 61 FR 53996, Oct. 16, 1996, as amended at 63 FR 2639, Jan. 16, 1998; 68 FR 17313, Apr. 9, 2003; 81 FR 13287, Mar. 14, 2016]

Service of decision. A decision instituting an investigation on the Board's own motion will be served by the Board upon respondents.

(b) Default. If within the time period stated in the decision instituting an investigation, a respondent fails to comply with any requirement specified in the decision, the respondent will be deemed in default and to have waived any further proceedings, and the investigation may be decided forthwith.