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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 15. PUBLIC UTILITIES AND CABLE TELEVISION |
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Chapter 15-1. PUBLIC SERVICE COMMISSION RULES OF PRACTICE AND PROCEDURE |
Section 15-133. EXHIBITS
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133.1All direct and rebuttal testimony shall be prepared in the form of written exhibits.
133.2All revisions and corrections to case-in-chief and rebuttal exhibits shall be presented by way of replacement pages and submitted no later than five (5) business days prior to the beginning of hearings. Only the correction of minor typographical errors shall be allowed after this period. Each replacement page shall be identified in the heading as such and identify the date it was submitted.
133.3The title of each exhibit shall state concisely what the exhibit contains.
133.4Exhibits containing prepared written testimony shall contain line numbers on each page in the left-hand margin. All such testimony shall be authenticated by an appropriate affidavit of the witness. An exhibit containing rebuttal testimony shall also include the exhibit, page and line numbers of the evidence that it purports to rebut.
133.5Case-in-Chief exhibits and rebuttal exhibits shall be served on each party, and thirteen (13) written copies shall be filed with the Secretary for use by the Commission and its staff. In addition, one (1) written copy shall be served on each Commission agent and consultant previously identified by the Commission's Secretary or General Counsel.
133.6Narrative testimony and exhibits shall be marked with a tab in the filed written version and a bookmark in the electronic PDF version required under Sections 118 and 119 of this chapter and be identified prior to filing as follows:
(a)The name of the party shall be set forth on each exhibit in the form of an acronym or initials (e.g., OPC, PEPCO, WGL, VZ-DC, DCG, PSC, GSA, AOBA);
(b)When the document to be filed is the testimony of a witness, each set of the testimony shall, following the party's initials, bear a letter (in upper case); thus, the first witness of the Company shall have his or her testimony identified, for example, as PEPCO (A); the second witness, PEPCO (B), and so on. Each witness shall retain the same letter; however, the first witness' second set of testimony shall be lettered (2A) and so on;
(c)If there is an exhibit attached on the testimony of the witness, that exhibit shall bear an Arabic number. Thus, the first exhibit of the first witness would be marked, for example, PEPCO (A)-1. His or her second exhibit shall be marked, for example, PEPCO (A)-2, and so on. Any exhibit attached to the second set of testimony of a witness would be marked, for example, PEPCO (2A)-1; and
(d)If there is no testimony submitted with the exhibit, then the exhibit shall merely bear the capitalized initials of the party and be numbered sequentially with Arabic numbers (e.g., PEPCO-1).
133.7The Commission may, at the hearing, sequentially number all exhibits by the insertion of a prefix number before the letters of the party.
133.8Not later than 9:30 a.m. of the morning of a hearing, there shall be provided to all parties, Commissioners and agents, a list of all cross-examination exhibits that the party proposes to introduce on the record. This list shall be accompanied by copies of those exhibits in electronic and written versions. Each exhibit shall be marked with a tab in the filed written version and a bookmark in the electronic PDF version and otherwise comply with Section 119 of this chapter.
133.9As subsequent filings are made, the list of cross-examination exhibits shall be cumulatively updated. Any party proposing to use a document in examination of a witness shall have it marked for identification and shall distribute copies to the Commission, for the record, and to the parties by 10:00 a.m. the day of the hearing.
133.10The list of cross-examination exhibits shall contain the following information:
(a)The caption and docket number of the case;
(b)A title showing the party proponent of the list and the date of the list and the date of the list it supersedes, if any;
(c)The designation of the document in letters and numbers as the first column; and
(d)A description of the document in the second column.
133.11Documents, including, cross-examination exhibits, containing allegedly confidential or proprietary information shall be identified with a title which is not confidential or proprietary, thus permitting reference to the document in a manner which does not raise confidentiality issues. Only the confidential pages should be filed confidentially and they should be identified in the heading as “confidential” versions of the “public” pages they reproduce in full.
133.12Each party shall, for the formal record, submit within two business days of the close of the hearing in each case an original and two fully corrected sets of its case-in-chief, supplemental and/or rebuttal testimony and exhibits (“conformed testimony”) in a single document, as well as a final list of all cross-examination exhibits introduced on the record accompanied by copies of those exhibits in a single document.