18 Cfr 385.207

Federal Energy Regulatory Commission
(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; Order
769, 77 FR 65476, Oct. 29, 2012]

§ 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

§ 385.210
(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.
(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).
(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.

1155

VerDate Mar<15>2010

17:59 May 28, 2014

Jkt 232061

PO 00000

Frm 01165

Fmt 8010

Sfmt 8010

Q:\18\18V1.TXT

ofr150

PsN: PC150