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PA Bulletin, Doc. No. 97-1929



Emergency Hearing for All Milk Marketing Areas to Consider Pooling the Class I Differentials

[27 Pa.B. 6287]

   Under the Milk Marketing Law (31 P. S. §§ 700j-101--700j-1302), the Milk Marketing Board (Board) will conduct an emergency public hearing for all milk marketing areas on December 16, 1997, commencing at 9 a.m. in Meeting Room B on the second floor of the Farm Show Complex, Cameron and Maclay Streets, Harrisburg, PA. If necessary, the hearing will be continued on December 17 at the same time and location.

   The purpose of the emergency hearing is to receive evidence on ''pooling the entire Class I differentials with all producers delivering milk to Pennsylvania plants,'' as requested by petitioners Land O' Lakes, Inc. and Milk Marketing, Inc. Under its own motion, the Board will also receive evidence on other issues directly related to the emergency created by virtual deregulation of Federal Class I differentials.

   The petitioners and the staff of the Board are deemed to be parties to this hearing, and their counsel are deemed to have complied with the following filing requirements. Other persons who wish to present evidence may be included on the Board's list of parties by (1) having their attorney file with the Board on or before December 5, 1997, a notice of appearance substantially in the form prescribed by 1 Pa. Code §  31.25 or (2) if unrepresented by counsel, filing with the Board on or before December 5, 1997, notification of their desire to be included as a party.

   a.  Each party shall file with the Board seven copies and serve on all other parties one copy of the following on or before December 10, 1997:

   (1)  A list of witnesses who will testify for the party. A witness who will be offered as an expert shall be so identified, along with the witness's area or areas of proposed expertise.

   (2)  A statement of the subjects concerning which each witness will testify.

   (3)  Each exhibit to be presented, including testimony to be offered in written form.

   b.  Requests by parties for Board staff to provide data pertinent to the hearing shall be made in writing and received in the Board office on or before December 8, 1997.

   c.  Parties shall have available in the hearing room at least 20 copies of the exhibits referenced in paragraph A(3) for distribution to nonparties attending the hearing.

   d.  Presubmission of information concerning rebuttal testimony or exhibits is not required. However, parties wishing to present evidence shall at the hearing provide one copy of each rebuttal exhibit and one (1) copy of each rebuttal witness's prepared testimony if the testimony has been reduced to writing to each Board member and to the other parties. At least 20 additional copies shall be available for the use of nonparties attending the hearing.

   e.  Parties that wish to offer in evidence documents on file with the Board, public documents, or records in other proceedings before the Board or who wish the Board to take official notice of facts, shall comply with, respectively, 1 Pa. Code §§ 35.164, 35.165, 35.167 and 35.173. Whenever these rules require production of a document as an exhibit, copies shall be provided to each Board member and to all other parties; in addition, at least 20 copies shall be available for distribution to nonparties attending the hearing.

   The Board may exclude witnesses or exhibits of a party that fail to comply with the foregoing requirements.

   A prehearing conference for all parties will be held at 9 a.m. on December 15, 1997, in Room 110 of the Agriculture Building, 2301 North Cameron Street, Harrisburg. Parties shall come prepared to address requests for the production of documents relied on in formulating their testimony and exhibits.

   The filing address for the Board is Milk Marketing Board, Room 110, Agriculture Building, 2301 North Cameron Street, Harrisburg, PA 17110.

   If this information is required in an alternate Format, call (717) 787-4194 or (800) 654-5984 (PA Relay Service for TDD Users).

Executive Secretary

[Pa.B. Doc. No. 97-1929. Filed for public inspection November 28, 1997, 9:00 a.m.]

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