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shown. Answers shall be in writing. Answers shall detail each material allegation of the motion to intervene being answered and state clearly and concisely the facts and legal authorities relied upon. Failure to answer is deemed a waiver of any objection to the intervention. This paragraph does not prevent the Assistant Secretary from ruling on a motion to intervene and issuing a final opinion and order in accordance with $590.316 prior to the expiration of the fifteen (15) days in which a party has to answer a motion to intervene.
(1) If an answer in opposition to a motion to intervene is timely filed or if the motion to intervene is not timely filed, then the movant becomes a party only after the motion to intervene is expressly granted.
(g) If no answer in opposition to a motion to intervene is filed within the period of time prescribed in paragraph (e) of this section, the motion to intervene shall be deemed to be granted, unless the Assistant Secretary denies the motion in whole or in part or otherwise limits the intervention prior to the expiration of the time allowed in paragraph (e) for filing an answer to the motion to intervene. Where the motion to intervene is deemed granted, the participation of the intervenor shall be limited to matters affecting asserted rights and interests specifically set forth in the motion to intervene, and the admission of such intervenor to party status shall not be construed as recognition by FE that the intervenor might be aggrieved because of any order issued.
(h) In the event that a motion for late intervention is granted, an intervenor shall accept the record of the proceeding as it was developed prior to the intervention.
(b) The filing of a protest, without also filing a motion to intervene or a notice of intervention, shall not make the person filing the protest a party to the proceeding.
(c) A protest shall be made part of the official FE docket file in the proceeding and shall be considered as a statement of position of the person filing the protest, but not as establishing the validity of any assertion upon which the decision would be based.
(d) Protests shall be served on the applicant and all parties by the person filing the protest. If the person filing the protest is unable to provide service on any person identified as a party to the proceeding after a good faith effort, then FE shall effect service. However, when the parties are not known, service requirements may be met by serving a copy on the applicant and on FE as provided in $590.107(b).
(e) Protests may be filed at any time following the filing of an application, but no later than the date fixed for filing protests in the applicable FE notice or order, unless a later date is permitted by the Assistant Secretary for good cause shown.
(f) Any party may file an answer to a protest but such answer must be filed within fifteen (15) days after the protest was filed, unless a later date is permitted by the Assistant Secretary for good cause shown. (54 FR 53531, Dec. 29, 1989; 55 FR 14916, Apr. 19, 1990)
$ 590.305 Informal discovery.
The parties to a proceeding may conduct discovery through use of procedures such as written interrogatories or production of documents. In response to a motion by a party, the Assistant Secretary or presiding official may determine the procedures to be utilized for discovery if the parties cannot agree on such procedures.
$590.304 Protests and answers.
(a) Any person objecting to an application filed under 8590.201 of this part or to any action taken by FE under this part may file a protest. No particular form is required. The protest shall identify the person filing the protest, the application or action being objected to, and provide a concise statement of the reasons for the protest.
(a) Subpoenas for the attendance of witnesses at a trial-type hearing or for the production of documentary evidence may be issued upon the initiative of the Assistant Secretary or presiding official, or upon written motion of a party or oral motion of a party during a conference, oral presentation, or
trial-type hearing, if the Assistant Sec- are asked or testimony given. A witretary or presiding official determines ness deposed shall be entitled to witthat the evidence sought is relevant ness fees as provided in $ 590.315(c). and material.
(e) The moving party shall file the (b) Motions for the issuance of a sub- entire deposition with FE after it has poena shall specify the relevance, ma- been subscribed and certified. No porteriality, and scope of the testimony ortion of the deposition shall constitute documentary evidence sought, includ- a part of the record in the proceedings ing, as to documentary evidence, speci- unless received in evidence, in whole or fication to the extent possible of the in part, by the Assistant Secretary or documents sought and the facts to be presiding official. proven by them, the issues to which they relate, and why the information 8590.308 Admissions of facts. or evidence was not obtainable through (a) At any time prior to the end of a discovery procedures agreed upon by trial-type hearing, or, if there is no the parties.
trial-type hearing, prior to the issu(c) If service of a subpoena is’ made ance of a final opinion and order under by a United States Marshal or a Dep $590.404, any party, the Assistant Secuty United States Marshal, service retary, or the presiding official may shall be evidenced by their return. If serve on any party a written request made by another person, that person for admission of the truth of any matshall affirm that service has occurred ters at issue in the proceeding that reand file an affidavit to that effect with late to statements or opinions of fact the original subpoena. A witness who is or of the application of law to fact. subpoenaed shall be entitled to witness (b) A matter shall be considered adfees as provided in $ 590.315(c).
mitted and conclusively established for
the purposes of any proceeding in 8590.307 Depositions.
which a request for admission is served (a) Upon motion filed by a party, the unless, within fifteen (15) days of such Assistant Secretary or presiding offi time limit established by the Assistant cial may authorize the taking of testi Secretary or presiding official, the mony of any witness by deposition. Un party to whom the request is directed less otherwise directed in the author- answers or objects to the request. Any ization issued, a witness being deposed answer shall specifically admit or deny may be examined regarding any matter the matter, or set forth in detail the which is relevant to the issues involved reasons why the answering party canin the pending proceeding.
not truthfully admit or deny the mat(b) Parties authorized to take a depo- ter. An answering party may not give sition shall provide written notice to lack of information or knowledge as a the witness and all other parties at reason for failure to admit or deny, unleast ten (10) days in advance of the less the answering party states that, deposition unless such advance notice after reasonable inquiry, the answering is waived by mutual agreement of the party has been unable to obtain suffiparties.
cient information to admit or deny. If (c) The requesting motion and notice an objection is made, the answering shall state the name and mailing ad- party shall state the reasons for the dress of the witness, delineate the sub- objection. ject matters on which the witness is (c) If the Assistant Secretary or preexpected to testify, state the reason siding official determines that an anwhy the deposition should be taken, in- swer to a request for admission does dicate the time and place of the deposi- not comply with the requirements of tion, and provide the name and mailing this section, the Assistant Secretary or address of the person taking the depo presiding official may order either that sition
the matter is admitted or that an (d) A witness whose testimony is amended answer be served. taken by deposition shall be sworn in (d) A copy of all requests for admisor shall affirm concerning the mattersion and answers thereto shall be filed about which the witness has been with FE in accordance with $590.103. called to testify before any questions Copies of any documents referenced in
the request shall be served with the re- 8590.311 Conferences. quest unless they are known to be in
(a) Upon motion by a party, a conthe possession of the other parties.
ference of the parties may be convened (e) The Assistant Secretary or presid
to adjust or settle the proceedings, set ing official may limit the number of re
schedules, delineate issues, stipulate quests for admission of facts in order
certain issues of fact or law, set proceto expedite a proceeding through elimi
dures, and consider other relevant matnation of duplicative requests.
ters where it appears that a conference
will materially advance the proceed8590.309 Settlements.
ing. The Assistant Secretary or presidThe parties may conduct settlement ing official may delineate the issues negotiations. If settlement negotia- which are to be considered and may tions are conducted during a con- place appropriate limitations on the ference, at the request of one of the number of intervenors who may parparties, the Assistant Secretary or pre ticipate, if two or more intervenors siding official may order that the dis have substantially like interests. cussions be off-the-record with no tran (b) A motion by a party for a conscript of such settlement negotiations ference shall include a specific showing being prepared for inclusion in the offi- why a conference will materially adcial record of the proceeding. No offer vance the proceeding. of settlement, comment or discussion
(c) Conferences shall be recorded, unby the parties with respect to an offer less otherwise ordered by the Assistant of settlement shall be subject to dis
Secretary or presiding official, and the covery or admissible into evidence
transcript shall be made a part of the against any parties who object to its
official record of the proceeding and admission.
available to the public. 8590.310 Opportunity for additional
itional 8590.312 Oral presentations.
(a) Any party may file a motion reAny party may file a motion request
questing an opportunity to make an ing additional procedures, including
oral presentation of views, arguments, the opportunity to file written com
including arguments of counsel, and ments, request written interrogatories
data on any aspect of the proceeding. or other discovery procedures, or re
The motion shall identify the substan
tial question of fact, law or policy at quest that a conference, oral presen
issue and demonstrate that it is matetation or trial-type hearing be held.
rial and relevant to the merits of the The motion shall describe what type of procedure is requested and include the
proceeding. The party may submit ma
terial supporting the existence of subinformation required by $$ 590.311,
stantial issues. The Assistant Sec590.312 and 590.313, as appropriate. Fail
retary or presiding official ordinarily ure to request additional procedures
will grant a party's motion for an oral within the time specified in the notice
presentation, if the Assistant Secof application or in the notice of proce
retary or presiding official determines dure, if applicable, shall constitute a
that a substantial question of fact, law, waiver of that right unless the Assist
or policy is at issue in the proceeding ant Secretary for good cause shown
and illumination of that question will grants additional time for requesting
be aided materially by such an oral additional procedures. If no time limit is specified in the notice or order, addi
(b) The Assistant Secretary or presidtional procedures may be requested at
ing official may require parties making any time prior to the issuance of a
oral presentations to file briefs or final opinion and order. At any time
other documents prior to the oral presduring a proceeding, the Assistant Sec
entation. The Assistant Secretary or retary or presiding official may on his or her own initiative determine to pro
the issues that are to be considered at vide additional procedures.
the oral presentation and place appro(54 FR 53531, Dec. 29, 1989; 55 FR 14916, Apr. priate limitations on the number of in19, 1990)
tervenors who may participate if two
or more intervenors have substantially more intervenors have substantially like interests.
like interests. (c) Oral presentations shall be con (d) The Assistant Secretary or presidducted in an informal manner with the ing official may make such rulings for Assistant Secretary or the presiding of- trial-type hearings, including delineaficial and other decisional employees tion of the issues and limitatio presiding as a panel. The panel may cross-examination of a witness, as are question those parties making an oral necessary to obtain a full and true dispresentation. Cross-examination by the closure of the facts and to limit irreleparties and other more formal proce vant, immaterial, or unduly repetitious dures 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. 8590.313 Trial-type hearings.
The Assistant Secretary or presiding
official, or any other decisional em(a) Any party may file a motion for a
ployee directed by the Assistant Sectrial-type hearing for the purpose of
retary or presiding official, may also taking evidence on relevant and mate
question witnesses offered by the parrial issues of fact genuinely in dispute
ties concerning their testimony. in the proceeding. The motion shall
(f) Trial-type hearings shall be reidentify the factual issues in dispute
corded, and the transcript shall be and the evidence that will be pre
made part of the official record of the sented. The party must demonstrate
proceeding and available to the public. that the issues are genuinely in dispute, relevant and material to the deci 8590.314 Presiding officials. sion and that a trial-type hearing is
(a) The Assistant Secretary may desnecessary for a full and true disclosure
ignate a presiding official to conduct of the facts. The Assistant Secretary or
any stage of the proceeding, including presiding official shall grant a party's officiating at a conference, oral presenmotion for a trial-type hearing, if the tation, or trial-type hearing. The preAssistant Secretary or presiding offi siding official shall have the full aucial determines that there is a relevant thority of the Assistant Secretary durand material factual issue genuinely in ing such proceedings. dispute and that a trial-type hearing is (b) A presiding official at a connecessary for a full and true disclosure ference, oral presentation, or trial-type of the facts.
hearing shall have the authority to (b) In trial-type hearings, the parties regulate the conduct of the proceeding shall have the right to be represented including, but not limited to, deterby counsel, to request discovery, to mination of the issues to be raised durpresent the direct and rebuttal testi ing the course of the conference, oral mony of witnesses, to cross-examine presentation, or trial-type hearing, adwitnesses under oath, and to present ministering oaths or affirmations, didocumentary evidence.
recting discovery, ruling on objections (c) The Assistant Secretary or presid to the presentation of testimony or exing official upon his or her own initia hibits, receiving relevant and material tive or upon the motion of any party evidence, requiring the advance submay consolidate any proceedings in mission of written testimony and exvolving common questions of fact in hibits, ruling on motions, determining whole or in part for a trial-type hear the format, directing that briefs be ing. The Assistant Secretary or presid filed with respect to issues raised or to ing official may also place appropriate be raised during the course of the conlimitations on the number of interve- ference, oral presentation or trial-type nors who may participate if two or hearing, questioning witnesses, taking
reasonable measures to exclude duplicative material, and placing limitations on the number of witnesses to be called by a party. $590.315 Witnesses.
(a) The Assistant Secretary or presiding official may require that the direct testimony of witnesses in trial-type hearings be submitted in advance of the hearing and be under oath, and in written form,
(b) Witnesses who testify in trialtype hearings shall be under oath or affirmation before being allowed to testify.
(c) Witnesses subpoenaed pursuant to $590.306 shall be paid the same fees and mileage as paid for like services in the District Courts of the United States.
(d) Witnesses subpoenaed pursuant to $590.307 shall be paid the same fees and mileage as paid for like services in the District Court of the United States. (54 FR 53531, Dec. 29, 1989; 55 FR 14916, Apr. 19, 1990)
dures pursuant to $8590.310, 590.311, 590.312 and 590.313. 8590.317 Complaints.
(a) Any person may file a complaint objecting to the actions by any other person under any statute, rule, order or authorization applicable to an existing import or export authorization over which FE has jurisdiction. No particular form is required. The complaint must be filed with FE in writing and must contain the name and address of the complainant and the respondent and state the facts forming the basis of the complaint.
(b) A complaint concerning an existing import or export authorization shall be served on all parties to the original import or export authorization proceeding either by the complainant or by FE if the complainant has made a good faith effort but has been unable to effect service.
(c) The Assistant Secretary may issue an order to show cause under $ 590.401, or may provide opportunity for additional procedures pursuant to 88 590.310, 590.311, 590.312, or $590.313, in order to determine what action should be taken in response to the complaint.
$590.316 Shortened proceedings.
In any proceeding where, in response to a notice of application or notice of procedures, if applicable, no party files à motion requesting additional procedures, including the right to file written comments, or the holding of a conference, oral presentation, or trial-type hearing, or where the Assistant Secretary determines that such requested additional procedures are not required pursuant to $$ 590.310, 590.311, 590.312 and 590.313, the Assistant Secretary may issue a final opinion and order on the basis of the official record, including the application and all other filings. In any proceeding in which the Assistant Secretary intends to deny the application or grant the application with the attachment of material conditions unknown to, or likely to be opposed by, the applicant, solely on the basis of the application and responses to the notice of application or notice of procedures, if applicable, without additional procedures, the Assistant Secretary shall advise the parties in writing generally of the issues of concern to the Assistant Secretary upon which the denial or material conditions would be based and provide them with an opportunity to request additional proce
Subpart D-Opinions and Orders § 590.401 Orders to show cause.
A proceeding under this part may commence upon the initiative of the Assistant Secretary or in response to an application by any person requesting FE action against any other person alleged to be in contravention or violation of any authorization, statute, rule, order, or law administered by FE applicable to the import or export of natural gas, or for any other alleged wrong involving importation or exportation of natural gas over which FE has jurisdiction. Any show cause order issued shall identify the matters of interest 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.