The alternate is a solution in search of a problem. In my experience, when a revision to an order is extremely substantive and the item is not time sensitive, our judges are happy to have additional comments taken on revised orders. However, I see no reason that this should be our default. In my experience, it is in our exercise of this discretion that we run into problems. In addition, we are then unnecessarily constrained in time sensitive situations.
Additional notice prolongs our decision-making process for very little gain.
Parties already have the opportunity to submit reply comments on proposed decisions, we evaluate not just the comments but also the reply comments before we make revisions to proposed orders. Therefore, I just haven t seen situations come up where this sort of rule would have provided additional benefit. I urge my colleagues to support Item 1 and will move its adoption if appropriate.