Presubmission Schedule, Prehearing Conference and Hearing; Milk Marketing Area No. 5 [27 Pa.B. 2219] Under the Milk Marketing Law (act), 31 P. S. §§ 700j-101--700j-1204), the Milk Marketing Board (Board) will conduct a public hearing for Milk Marketing Area No. 5 on June 11, 1997, commencing at 1 p.m. in Meeting Room B on the second floor of the Farm Show Complex, Cameron and Maclay Streets, Harrisburg, PA.
The purpose of the hearing will be to receive testimony and exhibits concerning cost replacement in Milk Marketing Area No. 5. Inasmuch as the milk dealers' profit margin is integral to establishing prices under section 801 of the act (31 P. S. § 700j-801), the Board will receive evidence concerning a reasonable rate of return. Otherwise, consistent with Official General Order No. A-887 (CRO 1), evidence will be limited to the following:
1. Evidence of annualized costs for the processing, packaging and delivery cost centers based solely on audits of the cross section milk dealers' financial statements (PMMB-60s) for the 1996 calendar year.
2. Evidence of unit costs for containers and ingredients based on audits of applicable invoices of the cross section dealers dated not later than April 30, 1997.
3. Evidence of costs for purchasing Class II price-controlled packaged products based on audits of applicable invoices of the cross section milk dealers dated not later than April 30, 1997, along with recommendations concerning a methodology for calculating the prices of products and container sizes for which no evidence of purchase costs is presented.
The staff of the Board is deemed to be a party to this hearing, and the staff's attorney is deemed to have entered her appearance on their behalf. Other persons that may be affected by the Board order fixing prices in Area 5 may be included on the Board's list of parties by:
1. Having their counsel file with the Board, on or before May 12, 1997, a notice of appearance substantially in the form prescribed by 1 Pa. Code § 31.25 (relating to form of notice of appearance), which shall identify by name and address the party on whose behalf the appearance is made. Thereafter documents and other written communications required to be served upon or furnished to that party shall be sent to the attorney of record.
2. If unrepresented by counsel and wishing to appear on their own behalf under 1 Pa. Code § 31.21 (relating to appearance in person), filing with the Board, on or before May 12, 1997, an address to which documents and other written communications required to be served upon them or furnished to them may be sent.
A. Each party shall file with the Board seven copies and serve on all other parties one copy of the following on or before May 21, 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 May 14, 1997.
C. A list of rebuttal witnesses and copies of rebuttal exhibits shall be filed with the Board (seven copies) and served on all other parties (one copy) on or before May 30, 1997.
D. Parties shall have available in the hearing room at least 20 copies of the documents described in paragraphs A and C for distribution to 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 fails to comply with the requirements of paragraph A or C.
A prehearing conference for all parties will be held at 1:30 p.m. on June 6, 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.
Persons who require this information in an alternate format should call (717) 787-4194 or (800) 654-5984 (PA Relay Service for TDD Users).
O. FRANK DEGARCIA,
Executive Secretary[Pa.B. Doc. No. 97-712. Filed for public inspection May 2, 1997, 9:00 a.m.]
