18 C.F.R. § 385.401

Applicability (Rule 401)

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(a) General rule. Except as provided in paragraph (b) of this section, this subpart applies to discovery in proceedings set for hearing under subpart E of this part, and to such other proceedings as the Commission may order.

(b) Exceptions. Unless otherwise ordered by the Commission, this subpart does not apply to:

(1) Requests for information under the Freedom of Information Act, 5 U.S.C. 552, governed by Part 388 of this chapter; or,

(2) Requests by the Commission or its staff who are not participants in a proceeding set for hearing under subpart E of this part to obtain information, reports, or data from persons subject to the Commission's regulatory jurisdiction; or

(3) Investigations conducted pursuant to Part 1b of this chapter.

Notes of Decisions

Cited in 2 cases, 1991–2019 · 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). “CC ( 18 C.F.R. § 385.401 (2012) (Applicability) (emphasis added) ).”

Process Gas Consumers Grp. v. Fed. Energy Regulatory Comm'n, 930 F.2d 926 (D.C. Cir. 1991). “” 18 C.F.R. § 385.401 (a) (emphasis supplied).”

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