ings. Under those circumstances pending Notices of Intent to Participate will become moot.

§ 205.60 Official Service List.

Following its receipt of Notices of Objection and its consideration of Notices of Intent to Participate, the Office of Hearings and Appeals shall establish an Official Service List for the proceeding. The Official Service List shall specify the persons who must be served during all or certain aspects of the proceeding and may make special provisions for methods of service that the Office of Hearings and Appeals considers in its discretion to be appropriate. The List may be revised at any time during the proceeding.

§ 205.61 Filing and Service Requirements.

(a)(1) Statements of Objections to a Proposed Decision and Order, Responses to such Statements, and any motions or other documents filed in connection with a Proposed Decision and Order shall meet the requirements of § 205.9 and shall be filed with the Office of Hearings and Appeals in accordance with § 205.4. Documents properly mailed pursuant to § 205.4(b) will be considered to be filed upon mailing. Unless otherwise specified, any participant may file a response to a motion within ten days of service.

(2) All documents shall be filed in duplicate, unless they contain confidential information, in which case they must be filed in triplicate.

(3) If a claim is made that a portion of a document contains confidential information, that information must be deleted from two of the three copies of that document which are filed. One copy from which confidential information has been deleted will be placed in the Office of Hearings and Appeals Public Docket Room.

(b) With respect to any filing under this section, the person filing the document shall serve each person on the Official Service List and shall notify the person of the period of time in which a response or comment may be filed. Service shall be made in accordance with § 205.7 and may also be made by deposit in the regular United States mail, properly stamped and ad

dressed, when accompanied by proof of service consisting of a certificate of counsel or an affidavit of the person making the service. If any filing contains information considered to be confidential, a person may serve copies with the allegedly confidential information deleted upon all persons on the Official Service List.

(c) Any filing made under this section shall include a certificate of service, which includes the date and manner of service for each person on the Official Service List.

§ 205.62 Statement of Objections.

(a) A person who has filed a Notice of Objections shall file a Statement of Objections to the issuance in final form of the Proposed Decision and Order. A Statement of Objections must be filed within 30 days after service of the Proposed Decision and Order.

(b) The Statement of Objections shall specify particular findings of fact or conclusions of law that are contested, set forth alternative findings, and state how the Proposed Decision and Order should be modified to meet these contentions.

(c) The Statement shall include a discussion of all relevant authorities which support the position asserted, including statutes, regulations, rulings, interpretations, previous decisions of DOE or its predecessor agencies and court decisions. All available documents that are not already included in the record of the proceeding and that are intended to be introduced in support of the Statement shall be attached and shall be discussed in the Statement.

(d) The Statement may identify issues for immediate final determination on the ground that the issues can be resolved by application of the law to facts which are not contested.

(e) The Statement may suggest deadlines which may be adopted by the Office of Hearings and Appeals for the purpose of expediting the proceeding.

(f) A person must file a Statement of Objections on a timely basis in order to exhaust administrative remedies.

§ 205.63 Response.

(a) Any person on the Official Service List may file a Response to a Statement of Objections within 15 days after service of the Statement of Objections to which it is addressed. A Response shall clearly specify which particular factual or legal contentions set forth in the Statement are disputed.

(b) The Response shall conform to all the requirements applicable to Statements of Objections under § 205.62(c) and may discuss the subjects referred to in § 205.62 (d) or (e). § 205.64 Motion for Evidentiary Proceeding.

(a) If material factual issues remain in dispute after all Statements of Objections and Responses have been filed, the Director of the Office of Hearings and Appeal or his designee may issue an Order establishing a mechanism for resolving these issues. The preferred method of resolving disputed factual issues shall be by the submission of additional written documents, including affidavits. Next in order of preference shall be a requirement that a party or participant submit a response to written questions of a party, a participant or the Office of Hearings and Appeals (interrogatories). Next in order of preference shall be a requirement that a witness testify under oath, subject to cross-examination and for the record, but without a hearing officer present (deposition). Last in order of preference shall be the convening of an evidentiary hearing in which witnesses shall testify under oath, subject to cross-examination, for the record and in the presence of a Presiding Officer (evidentiary hearing.)

(b) A party or participant seeking the issuance of the Order referred to in paragraph (a) of this section shall file a Motion for Evidentiary Proceeding at the same time it files its Statement of Objections or Response.

(c) A Motion for Evidentiary Proceeding must demonstrate that the requested methods for obtaining information (i.e., submissions of additional written material, interrogatories, depositions or evidentiary hearing) are consistent with the order of preference specified in this section. For ex

ample, a motion requesting an evidentiary hearing should specify the type of witness or witnesses whose testimony is sought, the scope of questioning that is anticipated, the relevance of the questioning to the proceeding and the reasons why the information to be provided through the testimony could not be provided through another, more preferred method. A motion must identify the information requested with sufficient specificity to permit a reasoned decision concerning the relevance and materiality of the requested information and the appropriateness of the requested method for obtaining it. A motion may be summarily denied for lack of sufficient specificity, because it would place an undue burden on another person or the DOE or because it will cause undue delay.

(d) A Motion for Evidentiary Proceeding must be served on any person from whom information is sought, even if service is not otherwise required by this subpart.

§ 205.65 Response to Motion for Evidentiary Proceeding.

Any person who wishes to respond to a Motion for Evidentiary Proceeding must do so within ten days of service. The response must specify the particular parts of the motion that are disputed and may argue that the requested information is irrelevant or immaterial, that different methods for obtaining the requested information are more appropriate, or that limitations should be imposed to mitigate an undue burden or avoid delay.

§ 205.66 Obtaining Confidential Information; Motion for Discovery and Protective Order.

(a) A participant who has unsucessfully attempted in writing to obtain information that another person claims is confidential may file a Motion for Discovery and Protective Order. Such a motion shall meet the requirements of § 205.64 and shall specify the particular confidential information that the movant seeks and the reasons why the information is necessary for the movant to present its position adequately. A copy of a written request for information, a certification concerning when and to whom it was

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mailed and a copy of the response, if any, shall be appended to the motion. The motion shall give the possessor of the information notice that a Response to the motion may be filed within ten days after service of the motion. The motion shall specify the safeguards, if any, that should be imposed if the information is ordered to be released.

(b) A Response to a Motion for Discovery and Protective Order shall clearly specify particular factual and legal matters that are disputed, including contentions concerning appropriate safeguards to be imposed if the information is ordered to be released.

(c) The Presiding Officer may, in his or her discretion, order that some or all of the information be released and may make some or all of the information released subject to a Protective Order.

$ 205.67 Disposition of Motions.

(a) In considering motions filed by the parties, the Director of the Office of Hearings and Appeals or his designee may order the submission of additional information and conduct conferences or hearings either in response to requests by the parties or on his own initiative. These proceedings may be held pursuant to § 205.171, § 205.172, § 205.173, § 205.68 or § 205.69, or pursuant to special rules promulgated for this purpose by the Presiding Officer.

(b) In reaching a decision with respect to a motion filed under this subpart, the Office of Hearings and Appeals shall consider all relevant information in the record. A motion may be decided by the issuance of an Order either during the course of a hearing or conference in which an official transcript is maintained or in a separate written Decision and Order.

(c) An Order of the Office of Hearings and Appeals issued under this section is an Interlocutory Order which is subject to further administrative review or appeal only upon issuance of the Decision and Order referred to in § 205.69B.

§ 205.68 Evidentiary Hearing.

(a) If an Order is issued granting a Motion for an Evidentiary Hearing, in whole or in part, the Order shall speci

fy the parties to the hearing, any limitations on the participation of a party, and the issues of fact to be considered at the evidentiary hearing. The Order may also require parties that have adopted similar positions to consolidate their presentations pursuant to a joint plan as specified in § 205.59(e). If the Office of Hearings and Appeals determines that requiring the filing of a plan would cause undue delay, it may dispense with that requirement of § 205.59(e).

(b) All evidentiary hearings convened pursuant to this Subpart shall be conducted by the Director of the Office of Hearings and Appeals or his designee. At any evidentiary hearing the parties shall have the opportunity to present material evidence that directly relates to a particular issue of fact set forth for hearing. The Presiding Officer shall afford the parties an opportunity to cross examine all witnesses concerning disputed material facts or opinions. The Presiding Officer may administer oaths or affirmations, rule on objections to the presentation of evidence, receive relevant material, require the advance submission of documents offered as evidence, rule on any motion to conform the Proposed Decision and Order to the evidence presented, rule on motions for continuance, dispose of procedural requests, determine the format of the hearing, modify any order granting a Motion for Evidentiary Hearing, direct the written motions, documents or briefs be filed with respect to issues raised during the course of the hearing, ask questions of witnesses, issue subpoenas, and otherwise regulate the conduct of the hearing. The Presiding Officer may take reasonable measures to exclude duplicative material from the hearing and may place appropriate limitations on the number of witnesses that may be called by a party. The presiding officer may also require that evidence be submitted through affidavits or other documents if the direct testimony of witnesses will unduly delay the orderly progress of the hearing or would not substantially contribute to resolving the issues involved in the hearing. The provisions of § 205.8 which relate to subpoenas and witness fees shall apply to any evi

identiary hearing, except that the

review procedures set forth in §§ 205.8(h) (2), (3), and (4) shall not apply.

§ 205.69 Hearing for the purpose of oral argument only.

(a) A person who has filed a Statement of Objections or a Response is entitled, upon timely request, to a hearing for the presentation of oral argument with respect to the Proposed Decision and Order. A request for oral argument will be considered timely if it is filed at the same time the Statement of Objections or the Response is filed.

(b) The Office of Hearings and Appeals may, upon motion or on its own initiative, convene a hearing for the purpose of receiving oral argument with respect to a Proposed Decision and Order. The Office of Hearings and Appeals may also require that parties participating in an oral argument file appropriate briefs, outlines or documents prior to the hearing.

(c) If an evidentiary hearing is convened and a hearing for oral argument has been requested, the Office of Hearings and Appeals shall determine whether the hearing for oral argument shall be held in conjunction with the evidentiary hearing or at a separate time.

(d) A hearing for the purpose of receiving oral argument will generally be conducted only after the issues involved in the proceeding have been delineated and after all written material requested by the Office of Hearings and Appeals has been submitted. The Presiding Officer may, however, require further written submissions in support of any position advanced or issue raised at the hearing, and may allow responses to any such submissions.

(e) In conducting a hearing for the purpose of oral argument the Presiding Officer may limit or extend the length of arguments, consolidate parties, make rulings concerning the relevance of argument, question the participants, determine the format of the hearing, make other procedural rulings and otherwise regulate the conduct of the hearing.

§ 205.69A Interim Decision and Order.

(a) Notwithstanding any other provisions of this Subpart, the Director of the Office of Hearings and Appeals or his designee may, upon motion or on his own initiative, issue an Interim Order for the purpose of granting exception relief during the pendency of an exception proceeding. Such an order may be issued only after a Proposed Decision and Order has been issued and only if the Office of Hearings and Appeals determines that public interest considerations strongly favor the approval of an interim exception pending the completion of the procedures ordinarily required by this Subpart. In making that determination the Office of Hearings and Appeals shall consider the following factors:

(1) The probability that exception relief will ultimately be granted;

(2) The harm an applicant is likely to incur unless exception relief is approved immediately; and

(3) The harm other persons are likely to incur if the Interim Order is issued.

(b) An Interim Decision and Order issued pursuant to this Section shall be served promptly on all persons on the Official Service List. The Decision shall specify the facts and law on which it is based, including a discussion of the factors listed in paragraph (a) of this section.

(c) Any person aggrieved by an Interim Decision and Order may file an Application for a Stay under Subpart I with the Office of Hearings and Appeals.

(d) An Interim Order issued under this section is interlocutory in nature and is therefore subject to appeal only upon issuance of the Decision and Order referred to in § 205.69B.

§ 205.69B Final Decision and Order; Appeal.

(a) After considering the entire record, the Director of the Office of Hearings and Appeals or his designee shall issue a final Decision and Order. The Decision shall state the factual and legal basis for the Order. In cases considered to be clearly controlled by prior Decisions of the Office of Hearings and Appeals, or a court, the Deci

sion may be limited to a summary statement of the reasons for the Decision and a citation to precedent.

(b) The Order shall provide that any person whose interest is adversely affected by a denial of exception relief may appeal to the Federal Energy Regulatory Commission, in accordance with the Commission's regulations, within 30 days after the issuance of the Decision and Order.

(c) In order to exhaust administrative remedies in the case of a denial of exception relief, a person must file a timely appeal under paragraph (b) of this section and await the issuance of a final order in the appeal proceeding. § 205.69C Special Decision and Order Procedure; Waiver of Federal Register Notice.

(a) When the circumstances warrant, the Office of Hearings and Appeals may issue a Final Decision and Order pursuant to § 205.69B without first issuing a Proposed Decision and Order pursuant to § 205.56 after considering the following factors:

(1) The thoroughness with which issues have already been argued in the proceeding;

(2) The nature of the evidence that has already been presented in the proceeding and the likelihood that additional useful evidence would be submitted subsequent to the issuance of a Proposed Decision and Order;

(3) The need for a expeditious determination of the issues presented;

(4) The financial resources with which existing parties can participate effectively in continued proceedings;

(5) Whether an exception was previously granted or denied to the applicant for the same reasons advanced in the present proceeding; and

(6) The public interest.

(b) In the alternative, the Director of the Office of Hearings and Appeals or his designee may, after considering the factors referred to in paragraph (a) of this section issue a Proposed Decision and Order but waive the notice requirements specified in § 205.57.

§ 205.69D Presiding Officer; Deadlines; Limitations; Adverse Findings.

(a) The Presiding Officer referred to in this Subpart shall be the Director

of the Office of Hearings and Appeals or his designee.

(b) The Presiding Officer may exercise any of the authority and issue any of the orders specified in this Part.

(c) The Presiding Officer may permit any document or submission filed under this subpart, other than an appeal to FERC, to be amended or withdrawn after it has been filed or to be filed within a time period different from that specified in this subpart. The Presiding Officer may issue ancillary Orders, reconsider any determination, or make any ruling or determination deemed necessary to ensure that the proceedings specified in this subpart are conducted in an appropriate manner and are not unduly delayed.

(d) The Presiding Officer may determine that it is appropriate to make findings of fact adverse to the interests of any party or participant who violates an order, fails to make a timely filing or interferes with the orderly conduct of the proceedings.

(e) After notifying a participant or party of proposed action under paragraph (d) of this section and providing an opportunity for oral argument, the Presiding Of ficer may limit further participation in a proceeding by that person or his representative for disruptive or dilatory conduct or for a failure to participate actively.

(f) The Presiding Officer may issue subpoenas and special report orders with respect to any matter under his jurisdiction pursuant to this subpart.

(g) The Presiding Officer also may specify the time and place for hearings or for other methods of obtaining information specified in §§ 205.64, 205.66, 205.68, 205.69 or in other provisions of this subpart.

(h) The Presiding Officer may issue rulings or orders which are appropriate to conduct a fair, orderly or efficient proceeding, including the authority to administer oaths and affirmations, to regulate the conduct of the parties, to rule on the admissibility or form of submission of evidence, to modify orders, to direct the submission of written evidence or briefs, to place or remove limitations on the presentations of the parties, to provide for recesses or postponements, to determine that specified issues be re