12. Procedural History

A timely protest was filed by DRA on March 7, 2011, and Suburban timely replied on March 17, 2011. A scoping memorandum was issued on April 20, 2011. Suburban filed on August 16, 2011 a motion to strike a portion of DRA's Opening Brief. The assigned Administrative Law Judge (ALJ) denied the motion by e-mail ruling on August 17, 2011. We affirm this and all other rulings made by the Judge during this proceeding.

A duly noticed settlement conference occurred on July 5 through July 7, 2011 and a motion to adopt a settlement was filed on August 31, 2011. No one commented on the proposed settlement.