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.

A-1

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 cross-

examination 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 cross-

examination 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.

A-2

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.

A-3