CALPINE CORPORATION, and its successors, Docket No. 11-1734



      SECRETARY OF LABOR, 
      Complainant, 
      v.OSHRC Docket No. 11-1734
      CALPINE CORPORATION, and its successors,
       
       
        
        
      Respondent. 

 
 
BRIEFING NOTICE
The Commission requests that the parties brief the issues raised in the 
Secretary’s petition for discretionary review and the Respondent’s conditional 
petition for discretionary review. The parties are advised that when the merits 
or characterization of an item is before the Commission for review, the 
appropriateness of the penalty is also subject to review. Accordingly, the 
parties may address the amount of the penalty if they so choose. 
 
All briefs are to be filed in accordance with Commission Rule 93.   The 
Commission requests that all briefs include an alphabetical table of authorities 
with referencesto the pages on which they are cited, and that an asterisk be 
placed in the left-hand margin of thetable to indicate those authorities on 
which the brief principally relies. The Commission alsorequests that copies of 
cited authority, other than statutes, case law, law journal articles and 
legaltreatises, be provided to the Commission and to the opposing party. Parties 
should be cautioned thatthese materials will be considered only if appropriate.

Close The first brief is to be filed within 40 days of this notice. A party who 
does not intend to file a brief is asked to notify the Commission of its intent 
in writing within the applicable time for filing briefs and serve a copy on all 
other parties. The time for filing briefs (or similar notices of intent) of 
opposing parties shall commence on the date of service.
            
                                                                     BY 
DIRECTION OF THE COMMISSION
 
 
 
Dated: June 26, 2013                                  /s/                        
                                   
                                                                     Ray H. 
Darling, Jr.
                                                                     Executive 
Secretary