Viewing an earlier version · effective Dec 30, 2017View current (a) Procedural schedule. Absent a specific order by the Board, the following general procedural schedules will apply in cases using the simplified standards:
(1) (i) In cases relying upon the Simplified-SAC methodology:
- (A) Day 0 - Complaint filed (including complainant's disclosure).
- (B) Day 10 - Mediation begins.
- (C) Day 20 - Defendant's answer to complaint (including defendant's initial disclosure).
- (D) Day 30 - Mediation ends; discovery begins.
- (E) Day 140 - Defendant's second disclosure.
- (F) Day 150 - Discovery closes.
- (G) Day 220 - Opening evidence.
- (H) Day 280 - Reply evidence.
- (I) Day 310 - Rebuttal evidence.
- (J) Day 320 - Technical conference (market dominance and merits).
- (K) Day 330 - Final briefs.
- (ii) In addition, the Board will appoint a liaison within 10 business days of the filing of the complaint.
(2) (i) In cases relying upon the Three-Benchmark methodology:
- (A) Day 0 - Complaint filed (including complainant's disclosure).
- (B) Day 10 - Mediation begins. (STB production of unmasked Waybill Sample.)
- (C) Day 20 - Defendant's answer to complaint (including defendant's initial disclosure).
- (D) Day 30 - Mediation ends; discovery begins.
- (E) Day 60 - Discovery closes.
- (F) Day 90 - Complainant's opening (initial tender of comparison group and opening evidence on market dominance). Defendant's opening (initial tender of comparison group).
- (G) Day 95 - Technical conference on comparison group.
- (H) Day 120 - Parties' final tenders on comparison group. Defendant's reply on market dominance.
- (I) Day 150 - Parties' replies to final tenders. Complainant's rebuttal on market dominance.
- (ii) In addition, the Board will appoint a liaison within 10 business days of the filing of the complaint.
(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) In cases relying upon the Simplified-SAC methodology, final briefs are limited to 30 pages, inclusive of exhibits.
(c) Defendant's second disclosure. In cases using the Simplified-SAC methodology, the defendant must make the following disclosures to the complainant by Day 170 of the procedural schedule.
- (1) Identification of all traffic that moved over the routes replicated by the SARR in the Test Year.
- (2) Information about those movements, in electronic format, aggregated by origin-destination pair and shipper, showing the origin, destination, volume, and total revenues from each movement.
- (3) Total operating and equipment cost calculations for each of those movements, provided in electronic format.
- (4) Revenue allocation for the on-SARR portion of each cross-over movement in the traffic group provided in electronic format.
- (5) Total trackage rights payments paid or received during the Test Year associated with the route replicated by the SARR.
- (6) All workpapers and documentation necessary to support the calculations.
- (d) Conferences with parties. The Board may convene a conference of the parties with Board staff to facilitate voluntary resolution of discovery disputes and to address technical issues that may arise.
- (e) Complaint filed with a petition to revoke a class exemption. If a complaint is filed simultaneously with a petition to revoke a class exemption, the Board will take no action on the complaint and the procedural schedule will be held in abeyance automatically until the petition to revoke is adjudicated.