ATTACHMENT 1
BASIC PROCEDURAL FRAMEWORK GOVERNING
SEPA ADMINISTRATIVE APPEAL RULES AND PROCEDURES. 
1.    Prehearing Conference. Once an appeal has been timely filed, the
Examiner shall schedule a Prehearing Conference within 14 days. Each party
shall bring to the Prehearing Conference a written list preliminarily designating
witnesses (both expert and lay witnesses) and exhibits they intend to use in the
appeal. For each witness identified, a short written summary of the witness'
testimony and, in the case of expert witnesses, opinions, shall be provided. At the
Prehearing Conference, the Examiner shall include discussion of the following, in
addition to other items he or she deems appropriate:
a.    Review of the Petitioner's legal issues to, if possible, simplify
them for the hearing; and
b.    Procedures for the appeal, hearing date, and schedules for
prehearing submissions.
2.    Administrative Record. Within one week after the Prehearing
Conference, the Port shall issue the index to the administrative record of the
SEPA determination under appeal. The Petitioner may file proposed
supplementation of the record within seven days after the Port's index has been
filed. The Examiner shall expeditiously rule on any objections relevant to the
record.
3.    Final Witness and Exhibit Lists.
3.1   Within two weeks after the Prehearing Conference, the
Petitioner shall file its final witness and exhibit list. The witness list must include
a summary of each witness's testimony.
3.2   Within three weeks after the Prehearing Conference, the
Respondent shall file its final witness and exhibit list. The witness list must
include a summary of each witness's testimony.
4.    Hearing Memorandum/Expert Testimony.
4.1   Within five weeks after the Prehearing Conference, the
Petitioner shall file its hearing memorandum. The Petitioner shall file in writing,
at the same time as the hearing memorandum, all direct expert testimony from
Petitioner's expert witnesses, along with copies of any exhibits introduced
through or relied upon by the expert witnesses. To the extent any of the exhibits
relied upon by Petitioner's expert witnesses are already contained in the
Administrative Record, these exhibits may be referred to and not attached.

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4.2   Within seven weeks after the Prehearing Conference, the
Respondent shall file its hearing memorandum. The Respondent shall also file in
writing, at the same time as its hearing memorandum, all direct expert testimony
from Respondent's Expert witnesses, along with copies of any exhibits introduced
through or relied upon by the expert witnesses. To the extent any of the exhibits
relied upon by Petitioner's expert witnesses are already contained in the
Administrative Record, these exhibits may be referred to and not attached.
5.    Production of Exhibits. Seven weeks after the Prehearing
Conference, the parties shall file with the Examiner and exchange a complete set
of the exhibits they intend to use at the hearing. Absent a showing of good cause,
no further exhibits shall be permitted at the hearing.
6.    Prehearing Evidentiary Motions. Prehearing Evidentiary motions
must be filed at least ten days before the hearing date. Responding memoranda to
any motion may be submitted at least five calendar days before the hearing date.
The Examiner will issue a decision on any prehearing evidentiary motions two
days before the hearing date.
7.    Appeal Hearing. The appeal hearing shall be conducted nine
weeks after the Prehearing Conference. The hearing shall consist of the
following:
7.1   Opening Statements.
7.2   Petitioner's Case. The Petitioner's case at the hearing shall
be limited to the presentation of lay testimony, to cross-examination by
Respondent of any witness whose testimony has been offered by Appellant,
including expert witnesses whose testimony has been offered in writing pursuant
to this rule, and to Appellant's redirect of any witness from which crossexamination
testimony is taken.
7.3   Respondent's Case. The Respondent's case at the hearing
shall be limited to the presentation of lay testimony, to cross-examination by
Petitioner of any witness whose testimony has been offered by Respondent,
including expert witnesses whose testimony has been offered in writing pursuant
to this rule, and to Respondent's redirect of any witness from which crossexamination
testimony is taken.
8.    Closing Argument. The Examiner shall determine whether closing
argument will be delivered orally or in writing. The parties will have the option
of submitting proposed findings and conclusions along with their closing
argument.


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9.    Decision. The Examiner shall enter a decision within 14 days after
the close of record of the Appeal Hearing consistent with Section 1.8(6) of
Resolution 3211, as amended.


















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