Procedural Matters

The Instructions to Answer sent to defendant NCTD on November 29, 2001, designated the assigned Commissioner and ALJ, and stated that this would be categorized as an adjudicatory proceeding and set for hearing. Neither party appealed the categorization as permitted under Rule 6.4(a), so we see no need to disturb that designation. Because we have decided to dismiss the complaint, no scoping memo is necessary, nor is a hearing required.

Assigned ALJ McVicar's draft decision was served on the parties and made available for public review and comment as required by Section 311(g)(1). No comments were received.