18 C.F.R. § 385.502

Initiation of hearing (Rule 502)

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(a) Notice or order initiating hearing. A hearing under this subpart will be initiated by:

(1) Order of the Commission; or

(2) Notice by the Secretary at the direction of the Commission or under delegated authority.

(b) Contents of notice or order initiating hearing. Any order or notice under paragraph (a) of this section will set forth:

(1) The authority and jurisdiction under which the hearing is to be held;

(2) The nature of the proceeding;

(3) The final date for the filing of interventions, if the dates were not fixed by an earlier notice;

(4) The presiding officer, if designated at that time; and

(5) The date, time, and location of the hearing or prehearing conference, if known; and

(6) Any other appropriate matter.

(c) Consolidation, severance, and phasing. Any notice or order under this section may direct consolidation of proceedings, phasing of a proceeding, or severance of proceedings or issues in a proceeding.

[Order 225, 47 FR 19022, May 3, 1982, as amended at Order 492, 53 FR 16067, May 5, 1988; Order 606, 64 FR 44405, Aug. 16, 1999]

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 1997–2024 · leading case: East Texas Elec. Coop., Inc. v. FERC, 90 F.4th 579 (D.C. Cir. 2024).

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East Texas Elec. Coop., Inc. v. FERC, 90 F.4th 579 (D.C. Cir. 2024). “18 C.F.R. § 385.502 ; id. § 385.603. Once FERC approves a tariff’s cost-based formula, which is also known as a “formula rate,” the public utility calculates the amount that it will charge for transmission services by inputting the utility’s annual costs into the formula.”

State of Wisconsin v. Fed. Energy Regulatory Comm'n, Kimberly-Clark Corp. & N.E.W. Hydro, Inc., Intervenors, 104 F.3d 462 (D.C. Cir. 1997). “505, which grants participants in an evidentiary hearing the right to present evidence, does not create an independent right to the hearing itself; the regulation only applies when FERC has already set a matter for evidentiary hearing pursuant to 18 C.”

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