§ 76.8   Status conference.

   (a) In any proceeding subject to the part 76 rules, the Commission staff may
   in its discretion direct the attorneys and/or the parties to appear for a
   conference to consider:

   (1) Simplification or narrowing of the issues;

   (2)  The necessity for or desirability of amendments to the pleadings,
   additional pleadings, or other evidentiary submissions;

   (3) Obtaining admissions of fact or stipulations between the parties as to
   any or all of the matters in controversy;

   (4) Settlement of the matters in controversy by agreement of the parties;

   (5) The necessity for and extent of discovery, including objections to
   interrogatories or requests for written documents;

   (6) The need and schedule for filing briefs, and the date for any further
   conferences; and

   (7) Such other matters that may aid in the disposition of the proceeding.

   (b) Any party may request that a conference be held at any time after an
   initiating document has been filed.

   (c) Conferences will be scheduled by the Commission at such time and place
   as it may designate, to be conducted in person or by telephone conference
   call.

   (d) The failure of any attorney or party, following advance notice with an
   opportunity to be present, to appear at a scheduled conference will be
   deemed a waiver and will not preclude the Commission from conferring with
   those parties or counsel present.

   (e) During a status conference, the Commission staff may issue oral rulings
   pertaining to a variety of matters relevant to the conduct of the proceeding
   including, inter alia, procedural matters, discovery, and the submission of
   briefs  or other evidentiary materials. These rulings will be promptly
   memorialized in writing and served on the parties. When such rulings require
   a party to take affirmative action not subject to deadlines established by
   another provision of this subpart, such action will be required within ten
   (10) days from the date of the written memorialization unless otherwise
   directed by the staff.

   [ 64 FR 6571 , Feb. 10, 1999]

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