U.S. Code of Federal Regulations
Regulations most recently checked for updates: May 30, 2023
(a) General. To request a hearing on disputed issues of material fact with respect to any preliminary condition or prescription filed by NOAA, you must:
(1) Be a license party; and
(2) File with the Office of Habitat Conservation, at the address provided in § 221.2, a written request for a hearing:
(i) For a case under § 221.1(d)(1), within 30 days after NOAA files a preliminary condition or prescription with FERC; or
(ii) For a case under § 221.1(d)(2), within 60 days after NOAA files a preliminary condition or prescription with FERC.
(b) Content. Your hearing request must contain:
(1) A numbered list of the factual issues that you allege are in dispute, each stated in a single, concise sentence;
(2) The following information with respect to each issue:
(i) The specific factual statements made or relied upon by NOAA under § 221.20(a) that you dispute;
(ii) The basis for your opinion that those factual statements are unfounded or erroneous; and
(iii) The basis for your opinion that any factual dispute is material.
(3) With respect to any scientific studies, literature, and other documented information supporting your opinions under paragraphs (b)(2)(ii) and (b)(2)(iii) of this section, specific citations to the information relied upon. If any such document is not already in the license proceeding record, you must provide a copy with the request; and
(4) A statement indicating whether or not you consent to service by electronic means under § 221.13(c)(4) and, if so, by what means.
(c) Witnesses and exhibits. Your hearing request must also list the witnesses and exhibits that you intend to present at the hearing, other than solely for impeachment purposes.
(1) For each witness listed, you must provide:
(i) His or her name, address, telephone number, and qualifications; and
(ii) A brief narrative summary of his or her expected testimony.
(2) For each exhibit listed, you must specify whether it is in the license proceeding record.
(d) Page limits. (1) For each disputed factual issue, the information provided under paragraph (b)(2) of this section may not exceed two pages.
(2) For each witness, the information provided under paragraph (c)(1) of this section may not exceed one page.