3. Outstanding Procedural Matters

The Administrative Law Judge (ALJ) identified exhibit numbers for two late filed exhibits on the last day of evidentiary hearings, Exhibits 5A and 302. Without objection these exhibits were received into evidence as of August 1, 2005.

On July 28, 2005, ORA filed a motion to file its opening brief one day out of time. ORA was unable to file by the July 27, 2005 deadline due to a combination of human and computer error. Although the deadline for reply briefs was extremely tight, in light of the fact that ORA notified all parties that its brief would be late and served it by email upon all parties by 3:00 p.m. the following day, the motion to accept the late-filed brief should be granted.

We affirm all rulings made by the ALJ up to this point in the proceeding. To the extent that any motions remain outstanding, all such motions are denied.