Common use of Responsive Pleadings Clause in Contracts

Responsive Pleadings. 137. AMP-Ohio, GSOC, Progress Energy, and Xcel argue that attachment 2 fails to address, with sufficient particularity, burden of proof, discovery (particularly discovery by registered entities against the compliance enforcement authority), and rights of third parties to intervene or have standing. GSOC adds that attachment 2 fails to specify the size of the hearing body or the law to be applied, the voting requirement applicable to the decision of the hearing body, the rules of procedure that will apply, or the rules of evidence that will apply.89 Xcel asserts that NERC’s attachment 2 hearing procedures should incorporate provisions of the NASD Rules of Procedure to address issues related to service of documents, filing of documents, computation and extensions of time, ex parte communications, rules of evidence, filing of motions, prehearing conferences and discovery.