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. § 385.212

Motions (Rule 212)

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(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]
Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 2007–2021 · leading case: Port of Seattle v. Fed. Energy Regulatory Comm'n, 499 F.3d 1016 (9th Cir. 2007).
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Port of Seattle v. Fed. Energy Regulatory Comm'n, 499 F.3d 1016 (9th Cir. 2007). · cites it 4× “In that situation, according to FERC, even if FERC did not grant the motion to intervene until a later date, it could have granted the motion to intervene on the day both motions were filed, thus making the non-party an intervening party capable of filing a motion in opposition…”
New York State Dep't of Env't Conservation v. Fed. Energy Regul., 991 F.3d 439 (2d Cir. 2021). “” 18 C.F.R. § 385.212 (a)(1) 26 1 (simplified); see also 164 FERC ¶ 61,084 , ¶ 6 n.”
F.E.R.C. v. Silkman, 359 F. Supp. 3d 66 (D. Me. 2019). · cites it 2× “On September 21, 2012, pursuant to the Commission's Rules of Practice and Procedure, Enforcement litigation staff filed an unopposed motion for extension of time requesting that it be granted an additional thirty days, until November 13, 2012, to file its reply to the CES/Dr.”
Port of Seattle v. Ferc (9th Cir. 2007). · cites it 2× “June 25, 2003 Order, 103 FERC ¶ 61,348 at 62,365 1 Although the language permitting “a person who has filed a timely motion to intervene which has not been denied,” 18 C.F.R. § 385.212 (a)(2) (emphasis added), might apply to someone not yet offi- cially a “participant” or…”
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