§ 1111.9 - Procedural schedule in stand-alone cost cases.

§ 1111.9 Procedural schedule in stand-alone cost cases.

Cross Reference

Link to an amendment published at 85 FR 47696, Aug. 6, 2020.

(a) Procedural schedule. Absent a specific order by the Board, the following general procedural schedule will apply in stand-alone cost cases after the pre-complaint period initiated by the pre-filing notice:

(1) Day 0 - Complaint filed, discovery period begins.

(2) Day 7 or before - Conference of the parties convened pursuant to § 1111.11(b).

(3) Day 20 - Defendant's answer to complaint due.

(4) Day 150 - Discovery completed.

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

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

(7) Day 305 - Complainant files rebuttal evidence to defendant's reply evidence. In cases using the streamlined market dominance approach, a telephonic evidentiary hearing before an administrative law judge, as described in § 1111.12(d) of this chapter, will be held at the discretion of the complainant in lieu of the submission of a written rebuttal on market dominance issues. The hearing will be held on or about the date that the complainant's rebuttal evidence on rate reasonableness is due.

(8) Day 335 - Complainant and defendant file final briefs.

(9) Day 485 or before - The Board issues its decision.

(b) Staggered filings; final briefs.

(1) The parties may submit non-public (e.g., confidential, highly confidential) versions of filings on the dates identified in the procedural schedule, and submit public versions of those filings within three business days thereafter.

(2) Final briefs are limited to 30 pages, inclusive of exhibits.

(c) 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.

[82 FR 57379, Dec. 5, 2017, as amended at 85 FR 47697, Aug. 6, 2020]