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e-CFR data is current as of July 9, 2020

Title 50Chapter IISubchapter CPart 221Subpart A → §221.4


Title 50: Wildlife and Fisheries
PART 221—CONDITIONS AND PRESCRIPTIONS IN FERC HYDROPOWER LICENSES
Subpart A—General Provisions


§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 stepProcess dayMust generally be completedSee section
(1) NOAA files preliminary condition(s) or prescription(s) with FERC0221.20.
(2) License party files request for hearing30Within 30 days after NOAA files preliminary condition(s) or prescription(s) with FERC221.21(a).
(3) Any other license party files notice of intervention and response50Within 20 days after deadline for filing requests for hearing221.22(a).
(4) NOAA may file answer80Within 50 days after deadline for filing requests for hearing221.25(a).
(5) Office of Habitat Conservation refers case to ALJ office for hearing and issues referral notice to parties85Within 55 days after deadline for filing requests for hearing221.26(a).
(6) Parties may meet and agree to discovery (optional step)86-91Before deadline for filing motions seeking discovery221.41(a).
(7) ALJ office sends docketing notice, and ALJ issues notice setting date for initial prehearing conference90Within 5 days after effective date of referral notice221.30.
(8) Party files motion seeking discovery from another party92Within 7 days after effective date of referral notice221.41(d).
(9) Other party files objections to discovery motion or specific portions of discovery requests99Within 7 days after service of discovery motion221.41(e).
(10) Parties meet to discuss discovery and hearing schedule100-104Before date set for initial prehearing conference221.40(d).
(11) ALJ conducts initial prehearing conference105On or about 20th day after effective date of referral notice221.40(a).
(12) ALJ issues order following initial prehearing conference107Within 2 days after initial prehearing conference221.40(g).
(13) Party responds to interrogatories from another party as authorized by ALJ120-22Within 15 days after ALJ's order authorizing discovery during or following initial prehearing conference221.43(c).
(14) Party responds to requests for documents, etc., from another party as authorized by ALJ120-22Within 15 days after ALJ's order authorizing discovery during or following initial prehearing conference221.45(c).
(15) Parties complete all discovery, including depositions, as authorized by ALJ130Within 25 days after initial prehearing conference221.41(i).
(16) Parties file updated lists of witnesses and exhibits140Within 10 days after deadline for completion of discovery221.42(b).
(17) Parties file written direct testimony140Within 10 days after deadline for completion of discovery221.52(a).
(18) Parties complete prehearing preparation and ALJ commences hearing155Within 25 days after deadline for completion of discovery221.50(a).
(19) ALJ closes hearing record160When ALJ closes hearing221.58.
(20) Parties file post-hearing briefs175Within 15 days after hearing closes221.59(a).
(21) ALJ issues decision190Within 30 days after hearing closes221.60(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 stepProcess dayMust generally be completedSee section
(1) NOAA files preliminary condition(s) or prescription(s) with FERC0221.20.
(2) License party files alternative condition(s) or prescription(s)30Within 30 days after NOAA files preliminary condition(s) or prescription(s) with FERC221.71(a).
(3) ALJ issues decision on any hearing request190Within 30 days after hearing closes (see previous table)221.60(a).
(4) License party files revised alternative condition(s) or prescription(s) if authorized210Within 20 days after ALJ issues decision221.72(a).
(5) NOAA files modified condition(s) or prescription(s) with FERC300Within 60 days after the deadline for filing comments on FERC's draft NEPA document221.73(a).

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