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or other documents prior to the oral volving common questions of fact in presentation. The Assistant Secretary whole or in part for a trial-type hearor presiding official also may delineate ing. The Assistant Secretary or prethe issues that are to be considered at siding official may also place approthe oral presentation and place appro- priate limitations on the number of inpriate limitations on the number of in tervenors who may participate if two tervenors who may participate if two or more intervenors have substantially or more intervenors have substantially
like interests. like interests.
(d) The Assistant Secretary or pre(c) Oral presentations shall be con
siding official may make such rulings ducted in an informal manner with the
for trial-type hearings, including delinAssistant Secretary or the presiding of
eation of the issues and limitation of ficial and other decisional employees
cross-examination of a witness, as are presiding as a panel. The panel may
necessary to obtain a full and true disquestion those parties making an oral
closure of the facts and to limit irrelepresentation. Cross-examination by the
vant, immaterial, or unduly repetitious parties and other more formal procedures used in trial-type hearings will
evidence. not be available in oral presentations.
(e) At trial-type hearings, the AssistThe oral presentation may be, but need
ant Secretary or presiding official, or not be, made by legal counsel.
any other decisional employee directed (d) Oral presentations shall be re by the Assistant Secretary or presiding corded, and the transcript shall be official, may call witnesses for testimade part of the official record of the mony or presenting exhibits that diproceeding and available to the public. rectly relate to a particular issue of
fact to be considered at the hearing. 8 590.313 Trial-type hearings.
The Assistant Secretary or presiding (a) Any party may file a motion for a official, or any other decisional emtrial-type hearing for the purpose of ployee directed by the Assistant Sectaking evidence on relevant and mate- retary or presiding official, may also rial issues of fact genuinely in dispute question witnesses offered by the parin the proceeding. The motion shall ties concerning their testimony. identify the factual issues in dispute (f) Trial-type hearings shall be reand the evidence that will be pre- corded, and the transcript shall be sented. The party must demonstrate made part of the official record of the that the issues are genuinely in dis proceeding and available to the public. pute, relevant and material to the decision and that a trial-type hearing is $590.314 Presiding officials. necessary for a full and true disclosure
(a) The Assistant Secretary may desof the facts. The Assistant Secretary or
ignate a presiding official to conduct presiding official shall grant a party's motion for a trial-type hearing, if the
any stage of the proceeding, including Assistant Secretary or presiding offi
officiating at a conference, oral presencial determines that there is a relevant
tation, or trial-type hearing. The preand material factual issue genuinely in
siding official shall have the full au
thority of the Assistant Secretary durdispute and that a trial-type hearing is necessary for a full and true disclosure
ing such proceedings. of the facts.
(b) A presiding official at a con(b) In trial-type hearings, the parties ference, oral presentation, or trial-type shall have the right to be represented
hearing shall have the authority to by counsel, to request discovery, to regulate the conduct of the proceeding present the direct and rebuttal testi- including, but not limited to, determony of witnesses, to cross-examine mination of the issues to be raised durwitnesses under oath, and to present ing the course of the conference, oral documentary evidence.
presentation, or trial-type hearing, ad(c) The Assistant Secretary or pre ministering oaths or affirmations, disiding official upon his or her own ini- recting discovery, ruling on objections tiative or upon the motion of any party to the presentation of testimony or exmay consolidate any proceedings in hibits, receiving relevant and material
evidence, requiring the advance sub- procedures, if applicable, without addimission of written testimony and ex- tional procedures, the Assistant Sechibits, ruling on motions, determining retary shall advise the parties in writthe format, directing that briefs being generally of the issues of concern filed with respect to issues raised or to to the Assistant Secretary upon which be raised during the course of the con- the denial or material conditions would ference, oral presentation or trial-type be based and provide them with an ophearing, questioning witnesses, taking portunity to request additional procereasonable measures to exclude dupli- dures pursuant to $8590.310, 590.311, cative material, and placing limita- 590.312 and 590.313. tions on the number of witnesses to be called by a party.
$ 590.317 Complaints. $590.315 Witnesses.
(a) Any person may file a complaint
objecting to the actions by any other (a) The Assistant Secretary or pre
person under any statute, rule, order or siding official may require that the di
authorization applicable to an existing rect testimony of witnesses in trial
import or export authorization over type hearings be submitted in advance
which FE has jurisdiction. No parof the hearing and be under oath, and
ticular form is required. The complaint in written form.
must be filed with FE in writing and (b) Witnesses who testify in trial
must contain the name and address of type hearings shall be under oath or af
the complainant and the respondent firmation before being allowed to tes
and state the facts forming the basis of
the complaint. (C) Witnesses subpoenaed pursuant to
(b) A complaint concerning an exist$590.306 shall be paid the same fees and mileage as paid for like services in the
ing import or export authorization
shall be served on all parties to the District Courts of the United States. (d) Witnesses subpoenaed pursuant to
original import or export authorization $590.307 shall be paid the same fees and
proceeding either by the complainant mileage as paid for like services in the
or by FE if the complainant has made District Court of the United States.
a good faith effort but has been unable
to effect service. (54 FR 53531, Dec. 29, 1989; 55 FR 14916, Apr.
(c) The Assistant Secretary may 19, 1990)
issue an order to show cause under $590.316 Shortened proceedings.
$ 590.401, or may provide opportunity
for additional procedures pursuant to In any proceeding where, in response
88 590.310, 590.311, 590.312, or $590.313, in to a notice of application or notice of
order to determine what action should procedures, if applicable, no party files
be taken in response to the complaint. a motion requesting additional procedures, including the right to file written comments, or the holding of a con
Subpart D-Opinions and Orders ference, oral presentation, or trial-type hearing, or where the Assistant Sec
$590.401 Orders to show cause. retary determines that such requested A proceeding under this part may additional procedures are not required commence upon the initiative of the pursuant to $8590.310, 590.311, 590.312 Assistant Secretary or in response to and 590.313, the Assistant Secretary an application by any person requestmay issue a final opinion and order on ing FE action against any other person the basis of the official record, includ- alleged to be in contravention or violaing the application and all other fil- tion of any authorization, statute, ings. In any proceeding in which the rule, order, or law administered by FE Assistant Secretary intends to deny applicable to the import or export of the application or grant the applica- natural gas, or for any other alleged tion with the attachment of material wrong involving importation or exporconditions unknown to, or likely to be tation of natural gas over which FE opposed by, the applicant, solely on the has jurisdiction. Any show cause order basis of the application and responses issued shall identify the matters of into the notice of application or notice of terest or the matters complained of
that the Assistant Secretary is inquiring about, and shall be deemed to be tentative and for the purpose of framing issues for consideration and decision. The respondent named in the order shall respond orally or in writing, or both, as required by the order. A show cause order is not a final opinion and order.
$590.406 Compliance with orders.
Any person required or authorized to take any action by a final opinion and order of the Assistant Secretary shall file with FE, within thirty (30) days after the requirement or authorization becomes effective, a notice, under oath, that such requirement has been complied with or such authorization accepted or otherwise acted upon, unless otherwise specified in the order.
$590.402 Conditional orders.
The Assistant Secretary may issue a conditional order at any time during a proceeding prior to issuance of a final opinion and order. The conditional order shall include the basis for not issuing a final opinion and order at that time and a statement of findings and conclusions. The findings and conclusions shall be based solely on the official record of the proceeding. $ 590.403 Emergency interim orders.
Where consistent with the public interest, the Assistant Secretary may waive further procedures and issue an emergency interim order authorizing the import or export of natural gas. After issuance of the emergency interim order, the proceeding shall be continued until the record is complete, at which time a final opinion and order shall be issued. The Assistant Secretary may attach necessary or appropriate terms and conditions to the emergency interim order to ensure that the authorized action will be consistent with the public interest.
8590.407 Reports of changes.
Any person authorized to import or export natural gas has a continuing obligation to give the Assistant Secretary written notification, as soon as practicable, of any prospective or actual changes to the information submitted during the application process upon which the authorization was based, including, but not limited to, changes to: The parties involved in the import or export arrangement, the terms and conditions of any applicable contracts, the place of entry or exit, the transporters, the volumes accepted or offered, or the import or export price. Any notification filed under this section shall contain the FE docket number(s) to which it relates. Compliance with this section does not relieve an importer or exporter from responsibility to file the appropriate application to amend a previous import or export authorization under this part whenever such changes are contrary to or otherwise not permitted by the existing authorization.
$590.404 Final opinions and orders.
The Assistant Secretary shall issue a final opinion and order and attach such conditions thereto as may be required by the public interest after completion and review of the record. The final opinion and order shall be based solely on the official record of the proceeding and include a statement of findings and conclusions, as well as the reasons or basis for them, and the appropriate order, condition, sanction, relief or denial.
Subpart E-Applications for
Rehearing $590.501 Filing.
(a) An application for rehearing of a final opinion and order, conditional order, or emergency interim order may be filed by any party aggrieved by the issuance of such opinion and order within thirty (30) days after issuance. The application shall be served on all parties.
(b) The application shall state concisely the alleged errors in the final opinion and order, conditional order, or emergency interim order and must set forth specifically the ground or grounds upon which the application is
$ 590.405 Transferability.
Authorizations by the Assistant Secretary to import or export natural gas shall not be transferable or assignable, unless specifically authorized by the Assistant Secretary.
order, or emergency interim order with or without further proceedings.
$590.504 Denial by operation of law.
Unless the Assistant Secretary acts upon the application for rehearing within thirty (30) days after it is filed, it is deemed to be denied. Such denial shall constitute final agency action for the purpose of judicial review.
ased. If an order is sought to be vaated, reversed, or modified by reason f matters that have arisen since the suance of the final opinion and order, onditional order, or emergency inrim order, the matters relied upon all be set forth with specificity in he application. The application shall Iso comply with the filing requirelents of $590.103. 590.502 Application is not a stay. The filing of an application for reearing does not operate as a stay of he Assistant Secretary's order, unless pecifically ordered by the Assistant ecretary. 590.503 Opinion and order on rehear
ing. Upon application for rehearing, the Assistant Secretary may grant or deny ehearing or may abrogate or modify he final opinion and order, conditional
8590.505 Answers to applications for
rehearing. No answers to applications for rehearing shall be entertained. Prior to the issuance of any final opinion and order on rehearing, however, the Assistant Secretary may afford the parties an opportunity to file briefs or answers and may order that a conference, oral presentation, or trial-type hearing be held on some or all of the issues presented by an application for rehearing.
Termination and Enforcement