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. § 385.211

Protests other than under Rule 208 (Rule 211)

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(a) General rule. (1) Any person may file a protest to object to any application, 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.

Notes of Decisions
Cited in 7 cases (4 in the last 5 years), 1995–2026 · leading case: State Ex Rel. MoGas Pipeline LLC v. Missouri Pub. Serv. Comm'n, 366 S.W.3d 493 (Mo. 2012).
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State Ex Rel. MoGas Pipeline LLC v. Missouri Pub. Serv. Comm'n, 366 S.W.3d 493 (Mo. 2012). · cites it 2× “The mere fact that the FERC has chosen to permit other defined forms of communication from or with state commissions, such as "protests," 18 C.F.R. § 385.211 , and "conferences," 18 C.”
Ne. Rural Elec. Membership Corp. v. Wabash Valley Power Ass'n, 707 F.3d 883 (7th Cir. 2013). “18 C.F.R. § 385.211 (a) (establishing general rule that “[a]ny person may file a protest to object to .”
New York State Dep't of Env't Conservation v. Fed. Energy Regul., 991 F.3d 439 (2d Cir. 2021). “3d at 1102 ; see also 18 C.F.R. § 385.211 . Further, regardless of 12 when or whether a request from a third-party is submitted, FERC has broad 13 discretion under the Natural Gas Act to sua sponte “reconsider and correct its 14 order until the time for judicial review has…”
Sierra Club v. FERC, 97 F.4th 16 (D.C. Cir. 2024). “18 C.F.R. § 385.211 ; 18 C.F.R. § 157.10 .”
Nw. Pipeline Corp. v. Fed. Energy Regulatory Comm'n, 61 F.3d 1479 (10th Cir. 1995). “Pursuant to 18 C.F.R. §§ 385.211 , 385.214 (1994), one of Northwest’s unbundled customers, Northwest Natural Gas Company (“Northwest Natural”), filed a protest to the proposed rate and moved to intervene in the proceeding.”
Duke Energy Carolinas, LLC v. NTE Carolinas II, LLC (4th Cir. 2024). “214 (providing a mechanism for a person to intervene as a party in a FERC action); 18 C.F.R. § 385.211 (allowing “[a]ny person” to object to a rate filing with FERC).”
Affirmed Energy, LLC v. FERC (D.C. Cir. 2026). “18 C.F.R. § 385.211 (a)(1). A petition for rehearing, among other things, preserves arguments for judicial review.”
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