C.F.R. » Title 18 » CHAPTER I—FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY › SUBCHAPTER X—PROCEDURAL RULES › PART 385—RULES OF PRACTICE AND PROCEDURE › Subpart B—Pleadings, Tariff and Rate Filings, Notices of Tariff or Rate Examination, Orders To Show Cause, Intervention, and Summary Disposition

18 C.F.R. § 385.209

Notices of tariff or rate examination and orders to show cause (Rule 209)

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(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.

Notes of Decisions
Cited in 4 cases (2 in the last 5 years), 2019–2023 · leading case: F.E.R.C. v. Silkman, 359 F. Supp. 3d 66 (D. Me. 2019).
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F.E.R.C. v. Silkman, 359 F. Supp. 3d 66 (D. Me. 2019). · cites it 5× “" PSMF ¶ 32 (citing 18 C.F.R. § 385.209 (b)(2012) ); DRPSMF ¶ 32.”
FERC v. Powhatan Energy Fund, LLC, 949 F.3d 891 (4th Cir. 2020). “See 18 C.F.R. § 385.209 (a)(2). The OSC describes the alleged violations and directs the recipient to demonstrate why FERC should not assess the proposed penalty.”
LSP Transmission Holdings II v. FERC, 28 F.4th 1285 (D.C. Cir. 2022). “§ 824e, and issued a show cause order under 18 C.F.R. § 385.209 (a). Show Cause Order P.”
Ferc v. Vitol Inc., 79 F.4th 1059 (9th Cir. 2023). · cites it 3× “§ 823b(d)(1); 18 C.F.R. §§ 385.209 (a)(2), 385.1506. At that point, the respondent may choose to proceed in one of two ways specified in paragraphs (d)(2) and (d)(3) of 16 U.”
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