18 Cfr 385.207

WReier-Aviles on DSKGBLS3C1PROD with CFR

§ 385.207

18 CFR Ch. I (4–1–11 Edition)

receipt of the written request that is
accompanied by an executed copy of
the protective agreement.
(f) Answers, interventions and comments. Unless otherwise ordered by the
Commission, answers, interventions,
and comments to a complaint must be
filed within 20 days after the complaint
is filed. In cases where the complainant
requests privileged treatment for information in its complaint, answers,
interventions, and comments are due
within 30 days after the complaint is
filed. In the event there is an objection
to the protective agreement, the Commission will establish when answers
will be due.
(g) Complaint resolution paths. One of
the following procedures may be used
to resolve complaints:
(1) The Commission may assign a
case to be resolved through alternative
dispute resolution procedures in accordance with §§ 385.604–385.606, in cases
where the affected parties consent, or
the Commission may order the appointment of a settlement judge in accordance with § 385.603;
(2) The Commission may issue an
order on the merits based upon the
pleadings;
(3) The Commission may establish a
hearing before an ALJ;
(h) Fast Track processing. (1) The Commission may resolve complaints using
Fast Track procedures if the complaint
requires expeditious resolution. Fast
Track procedures may include expedited action on the pleadings by the
Commission, expedited hearing before
an ALJ, or expedited action on requests for stay, extension of time, or
other relief by the Commission or an
ALJ.
(2) A complainant may request Fast
Track processing of a complaint by including such a request in its complaint,
captioning the complaint in bold type
face
‘‘COMPLAINT
REQUESTING
FAST TRACK PROCESSING,’’ and explaining why expedition is necessary as
required by section 385.206(b)(11).
(3) Based on an assessment of the
need for expedition, the period for filing answers, interventions and comments to a complaint requesting Fast
Track processing may be shortened by
the Commission from the time provided in section 385.206(f).

(4) After the answer is filed, the Commission will issue promptly an order
specifying the procedure and any
schedule to be followed.
(i) Simplified procedure for small controversies. A simplified procedure for
complaints involving small controversies is found in section 385.218 of this
subpart.
(j) Satisfaction. (1) If the respondent
to a complaint satisfies such complaint, in whole or in part, either before or after an answer is filed, the
complainant and the respondent must
sign and file:
(i) A statement setting forth when
and how the complaint was satisfied;
and
(ii) A motion for dismissal of, or an
amendment to, the complaint based on
the satisfaction.
(2) The decisional authority may
order the submission of additional information before acting on a motion
for dismissal or an amendment under
paragraph (c)(1)(ii) of this section.
[Order 225, 47 FR 19022, May 3, 1982, as
amended by Order 602, 64 FR 17097, Apr. 8,
1999; Order 602–A, 64 FR 43608, Aug. 11, 1999;
Order 647, 69 FR 32440, June 10, 2004]

§ 385.207

Petitions (Rule 207).

(a) General rule. A person must file a
petition when seeking:
(1) Relief under subpart I, J, or K of
this part;
(2) A declaratory order or rule to terminate a controversy or remove uncertainty;
(3) Action on appeal from a staff action, other than a decision or ruling of
a presiding officer, under Rule 1902;
(4) A rule of general applicability; or
(5) Any other action which is in the
discretion of the Commission and for
which this chapter prescribes no other
form of pleading.
(b) Declarations of intent under the
Federal Power Act. For purposes of this
part, a declaration of intent under section 23(b) of the Federal Power Act is
treated as a petition for a declaratory
order.

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Federal Energy Regulatory Commission
(c) Except as provided in § 381.302(b),
each petition for issuance of a declaratory order must be accompanied by the
fee prescribed in § 381.302(a).
[Order 225, 47 FR 19022, May 3, 1982, as
amended by Order 395, 49 FR 35357, Sept. 7,
1984]

§ 385.208

[Reserved]

§ 385.209 Notices of tariff or rate examination and orders to show cause
(Rule 209).
(a) Issuance. (1) If the Commission
seeks to determine the validity of any
rate, rate schedule, tariff, tariff schedule, fare, charge, or term or condition
of service, or any classification, contract, practice, or any related regulation established by and for the applicant which is demanded, observed,
charged, or collected, the Commission
will initiate a proceeding by issuing a
notice of tariff or rate examination.
(2) The Commission may initiate a
proceeding against a person by issuing
an order to show cause.
(b) Contents. A notice of examination
or an order to show cause will contain
a statement of the matters about
which the Commission is inquiring, and
a statement of the authority under
which the Commission is acting. The
statement is tentative and sets forth
issues to be considered by the Commission.
(c) Answers. A person who is ordered
to show cause must answer in accordance with Rule 213.
§ 385.210 Method of notice; dates established in notice (Rule 210).

WReier-Aviles on DSKGBLS3C1PROD with CFR

(a) Method. When the Secretary gives
notice of tariff or rate filings, applications, petitions, notices of tariff or rate
examinations, and orders to show
cause, the Secretary will give such notice in accordance with Rule 2009.
(b) Dates for filing interventions and
protests. A notice given under this section will establish the dates for filing
interventions and protests. Only those
filings made within the time prescribed
in the notice will be considered timely.
§ 385.211 Protests other than under
Rule 208 (Rule 211).
(a) General rule. (1) Any person may
file a protest to object to any applica-

§ 385.213
tion, complaint, petition, order to show
cause, notice of tariff or rate examination, or tariff or rate filing.
(2) The filing of a protest does not
make the protestant a party to the
proceeding. The protestant must intervene under Rule 214 to become a party.
(3) Subject to paragraph (a)(4) of this
section, the Commission will consider
protests in determining further appropriate action. Protests will be placed in
the public file associated with the proceeding.
(4) If a proceeding is set for hearing
under subpart E of this part, the protest is not part of the record upon
which the decision is made.
(b) Service. (1) Any protest directed
against a person in a proceeding must
be served by the protestant on the person against whom the protest is directed.
(2) The Secretary may waive any procedural requirement of this subpart applicable to protests. If the requirement
of service under this paragraph is
waived, the Secretary will place the
protest in the public file and may send
a copy thereof to any person against
whom the protest is directed.
§ 385.212 Motions (Rule 212).
(a) General rule. A motion may be
filed:
(1) At any time, unless otherwise provided;
(2) By a participant or a person who
has filed a timely motion to intervene
which has not been denied;
(3) In any proceeding except an informal rulemaking proceeding.
(b) Written and oral motions. Any motion must be filed in writing, except
that the presiding officer may permit
an oral motion to be made on the
record during a hearing or conference.
(c) Contents. A motion must contain a
clear and concise statement of:
(1) The facts and law which support
the motion; and
(2) The specific relief or ruling requested.
[Order 225, 47 FR 19022, May 3, 1982, as
amended by Order 225–A, 47 FR 35956, Aug. 18,
1982; Order 376, 49 FR 21705, May 23, 1984]

§ 385.213 Answers (Rule 213).
(a) Required or permitted. (1) Any respondent to a complaint or order to

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