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. § 385.216

Withdrawal of pleadings (Rule 216)

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(a) Filing. Any person that filed a pleading may seek to withdraw it by filing a notice of withdrawal. The procedures provided in this section do not apply to withdrawals of tariff or rate filings, which may be withdrawn only as provided in the regulations under this chapter.

(b) Action on withdrawals. (1) The withdrawal of any pleading is effective at the end of 15 days from the date of filing of a notice of withdrawal, if no motion in opposition to the notice of withdrawal is filed within that period and the decisional authority does not issue an order disallowing the withdrawal within that period. The decisional authority may disallow, for a good cause, all or part of a withdrawal.

(2) If a motion in opposition to a notice of withdrawal is filed within the 15 day period, the withdrawal is not effective until the decisional authority issues an order accepting the withdrawal.

(c) Conditional withdrawal. In order to prevent prejudice to other participants, a decisional authority may, on motion or otherwise, condition the withdrawal of any pleading upon a requirement that the withdrawing person leave material in the record or otherwise make material available to other participants.

[Order 225, 47 FR 19022, May 3, 1982, as amended by Order 714, 73 FR 57538, Oct. 3, 2008; Order 846, 83 FR 23808, May 23, 2018]
Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 2007–2023 · 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 6× “" 18 C.F.R. § 385.216 (b)(1). If, on the other hand, "a motion in opposition to a notice of withdrawal is filed within the 15 day period, the withdrawal is not effective until the decisional authority issues an order accepting the withdrawal.”
E. Hydroelectric Corp. v. Fed. Energy Regulatory Comm'n, 887 F.3d 1197 (11th Cir. 2018). “Petitioner contends that this attempted withdrawal was effective based on 18 C.F.R. § 385.216 . That regulation allows a party to "withdraw a pleading by filing a notice of withdrawal" that becomes effective if no motion in opposition or order disallowing withdrawal is filed…”
Port of Seattle v. Ferc (9th Cir. 2007). · cites it 3× “” 18 C.F.R. § 385.216 (b)(1). If, on the other hand, “a motion in opposition to a notice of withdrawal is filed within the 15 day period, the withdrawal is not effective until the decisional authority issues an order accepting the withdraw- al.”
Bracey v. Kijakazi (S.D. Cal. 2023). “) On February 28, 2023, the Court 24 ordered the Commissioner of Social Security (“Defendant”) to respond to the Motion.”
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