[Code of Federal Regulations]
[Title 18, Volume 1]
[Revised as of April 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 18CFR385.213]

[Page 891-892]
 
           TITLE 18--CONSERVATION OF POWER AND WATER RESOURCES
 
  CHAPTER I--FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY
 
PART 385--RULES OF PRACTICE AND PROCEDURE--Table of Contents
 
Subpart B--Pleadings, Tariff and Rate Filings, Notices of Tariff or Rate 
Examination, Orders To Show Cause, Intervention, and Summary Disposition
 
Sec. 385.213  Answers (Rule 213).

    (a) Required or permitted. (1) Any respondent to a complaint or 
order to show cause must make an answer, unless the Commission orders 
otherwise.
    (2) An answer may not be made to a protest, an answer, a motion for 
oral argument, or a request for rehearing, unless otherwise ordered by 
the decisional authority. A presiding officer may prohibit an answer to 
a motion for interlocutory appeal. If an answer is not otherwise 
permitted under this paragraph, no responsive pleading may be made.
    (3) An answer may be made to any pleading, if not prohibited under 
paragraph (a)(2) of this section.
    (4) An answer to a notice of tariff or rate examination must be made 
in accordance with the provisions of such notice.
    (b) Written or oral answers. Any answer must be in writing, except 
that the presiding officer may permit an oral answer to a motion made on 
the record during a hearing conducted under subpart E or during a 
conference.
    (c) Contents. (1) An answer must contain a clear and concise 
statement of:
    (i) Any disputed factual allegations; and
    (ii) Any law upon which the answer relies.
    (2) When an answer is made in response to a complaint, an order to 
show cause, or an amendment to such pleading, the answerer must, to the 
extent practicable:
    (i) Admit or deny, specifically and in detail, each material 
allegation of the pleading answered; and

[[Page 892]]

    (ii) Set forth every defense relied on.
    (3) General denials of facts referred to in any order to show cause, 
unsupported by the specific facts upon which the respondent relies, do 
not comply with paragraph (a)(1) of this section and may be a basis for 
summary disposition under Rule 217, unless otherwise required by 
statute.
    (4) An answer to a complaint must include documents that support the 
facts in the answer in possession of, or otherwise attainable by, the 
respondent, including, but not limited to, contracts and affidavits. An 
answer is also required to describe the formal or consensual process it 
proposes for resolving the complaint.
    (5)(i) A respondent must submit with its answer any request for 
privileged treatment of documents and information under Sec. 388.112 of 
this chapter and a proposed form of protective agreement. In the event 
the respondent requests privileged treatment under Sec. 388.112 of this 
chapter, it must file the original and three copies of its answer with 
the information for which privileged treatment is sought and 11 copies 
of the pleading without the information for which privileged treatment 
is sought. The original and three copies must be clearly identified as 
containing information for which privileged treatment is sought.
    (ii) A respondent must provide a copy of its answer without the 
privileged information and its proposed form of protective agreement to 
each entity that has either been served pursuant to Sec. 385.206 (c) or 
whose name is on the official service list for the proceeding compiled 
by the Secretary.
    (iii) The complainant and any interested person who has filed a 
motion to intervene may make a written request to the respondent for a 
copy of the complete answer. The request must include an executed copy 
of the protective agreement and, for persons other than the complainant, 
a copy of the motion to intervene. Any person may file an objection to 
the proposed form of protective agreement.
    (iv) A respondent must provide a copy of the complete answer to the 
requesting person within 5 days after receipt of the written request and 
an executed copy of the protective agreement.
    (d) Time limitations. (1) Any answer to a motion or to an amendment 
to a motion must be made within 15 days after the motion or amendment is 
filed, unless otherwise ordered.
    (2) Any answer to a pleading or amendment to a pleading, other than 
a complaint or an answer to a motion under paragraph (d)(1) of this 
section, must be made:
    (i) If notice of the pleading or amendment is published in the 
Federal Register, not later than 30 days after such publication, unless 
otherwise ordered; or
    (ii) If notice of the pleading or amendment is not published in the 
Federal Register, not later than 30 days after the filing of the 
pleading or amendment, unless otherwise ordered.
    (e) Failure to answer. (1) Any person failing to answer a complaint 
may be considered in default, and all relevant facts stated in such 
complaint may be deemed admitted.
    (2) Failure to answer an order to show cause will be treated as a 
general denial to which paragraph (c)(3) of this section applies.

[Order 225, 47 FR 19022, May 3, 1982; 48 FR 786, Jan. 7, 1983, as 
amended by Order 376, 49 FR 21705, May 23, 1984; Order 602, 64 FR 17099, 
Apr. 8, 1999; Order 602-A, 64 FR 43608, Aug. 11, 1999]