Weyerhaeuser Company

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IN THE Matrer OF WEYERHAEUSER COMPANY, ET AL.

Docket 9150. Interlocutory Order, June 10, 1982 ORDER DENYING MOTION OF WEYERHAEUSER COMPANY FOR LEAVE TO FILE REPLY MEMORANDUM On April 21, 1982, Weyerhaeuser Company fied an application under Rule 3.23(b) of the Commission s Rules of Practice for review of a discovery order of the ALJ. On April 30, complaint counsel filed an answer. Weyerhaeuser has now requested the opportunity to file a reply memorandum because: (1) its application for review was only three pages (although the Rules allow for fifteen) and did not summarize the company s position, whereas complaint counsel used eight pages and did summarize their position, and (2) "complaint counsel's response misperceives the nature of the review sought. Weyerhaeuser has not offered suffcient reason for the Commission to deviate from its Rules in this instance and allow for an additional filing. Interlocutory appeals of ALJ orders are entertained only in a narrow set of circumstances, and only after full consideration of all the issues by the ALJ. To allow otherwise would involve the Commission unduly in adjudicative proceedings and undermine the authority of its ALJ's. Consequently, the Rules allow the parties each oue short, prompt filing. Weyerhaeuser s application for review was shorter than required; that was its decision. In an intedocutory appeal, the Commission is concerned with the issues as they were briefed to and decided by the ALl. There is little need for additional argument, unless one of the parties claims that the ALl misperceived the issues before him. Even in such cases, the Rules provide adequate opportunity for argument in most instances. Weyerhaeuser s motion is hereby denied.

Interlocutory Order 99 F.