Sec.  1.732   Other required written submissions.

   (a) The Commission may, in its discretion, or upon a party's motion showing
   good cause, require the parties to file briefs summarizing the facts and
   issues presented in the pleadings and other record evidence.

   (b) Unless otherwise directed by the Commission, all briefs shall include
   all legal and factual claims and defenses previously set forth in the
   complaint, answer, or any other pleading submitted in the proceeding. Claims
   and defenses previously made but not reflected in the briefs will be deemed
   abandoned. The Commission may, in its discretion, limit the scope of any
   briefs to certain subjects or issues. A party shall attach to its brief
   copies of all documents, data compilations, tangible things, and affidavits
   upon which such party relies or intends to rely to support the facts alleged
   and legal arguments made in its brief and such brief shall contain a full
   explanation of how each attachment is relevant to the issues and matters in
   dispute. All such attachments to a brief shall be documents, data
   compilations or tangible things, or affidavits made by persons, that were
   identified by any party in its information designations filed pursuant to
    Sec.  Sec. 1.721(a)(10)(i), (a)(10)(ii), 1.724(f)(1), (f)(2), and 1.726(d)(1),
   (d)(2). Any other supporting documentation or affidavits that is attached to
   a brief must be accompanied by a full explanation of the relevance of such
   materials and why such materials were not identified in the information
   designations. These briefs shall contain the proposed findings of fact and
   conclusions of law which the filing party is urging the Commission to adopt,
   with specific citation to the record, and supporting relevant authority and
   analysis.

   (c) In cases in which discovery is not conducted, absent an order by the
   Commission that briefs be filed, parties may not submit briefs. If the
   Commission does authorize the filing of briefs in cases in which discovery
   is not conducted, briefs shall be filed concurrently by both the complainant
   and defendant at such time as designated by the Commission staff and in
   accordance with the provisions of this section.

   (d) In cases in which discovery is conducted, briefs shall be filed
   concurrently by both the complainant and defendant at such time designated
   by the Commission staff.

   (e) Briefs containing information which is claimed by an opposing or third
   party to be proprietary under  Sec. 1.731 shall be submitted to the Commission in
   confidence pursuant to the requirements of  Sec. 0.459 of this chapter and
   clearly marked “Not for Public Inspection.” An edited version removing all
   proprietary data shall also be filed with the Commission for inclusion in
   the public file. Edited versions shall be filed within five days from the
   date the unedited brief is submitted, and served on opposing parties.

   (f) Initial briefs shall be no longer than twenty-five pages. Reply briefs
   shall be no longer than ten pages. Either on its own motion or upon proper
   motion by a party, the Commission staff may establish other page limits for
   briefs.

   (g) The Commission may require the parties to submit any additional
   information it deems appropriate for a full, fair, and expeditious
   resolution of the proceeding, including affidavits and exhibits.

   (h) The parties shall submit a joint statement of stipulated facts, disputed
   facts, and key legal issues no later than two business days prior to the
   initial status conference, scheduled in accordance with the provisions of
    Sec. 1.733(a).

   [ 53 FR 11855 , Apr. 11, 1988. Redesignated and amended at  58 FR 25573 , Apr.
   27, 1993;  63 FR 1039 , Jan. 7, 1998]