[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: 18CFR385.215]

[Page 893-894]
 
           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. 385.215  Amendment of pleadings and tariff or rate filings (Rule 215).

    (a) General rules. (1) Any participant, or any person who has filed 
a timely motion to intervene which has not been denied, may seek to 
modify its pleading by filing an amendment which conforms to the 
requirements applicable to the pleading to be amended.
    (2) A tariff or rate filing may not be amended, except as allowed by 
statute. The procedures provided in this section do not apply to 
amendment of tariff or rate filings.
    (3)(i) If a written amendment is filed in a proceeding, or part of a 
proceeding, that is not set for hearing under subpart E, the amendment 
becomes effective as an amendment on the date filed.
    (ii) If a written amendment is filed in a proceeding, or part of a 
proceeding, which is set for hearing under subpart E, that amendment is 
effective on the date filed only if the amendment is filed more than 
five days before the earlier of either the first prehearing

[[Page 894]]

conference or the first day of evidentiary hearings.
    (iii) If, in a proceeding, or part of a proceeding, that is set for 
hearing under subpart E, a written amendment is filed after the time for 
filing provided under paragraph (a)(3)(ii) of this section, or if an 
oral amendment is made to a presiding officer during a hearing or 
conference, the amendment becomes effective as an amendment only as 
provided under paragraph (d) of this section.
    (b) Answers. Any participant, or any person who has filed a timely 
motion to intervene which has not been denied, may answer a written or 
oral amendment in accordance with Rule 213.
    (c) Motion opposing an amendment. Any participant, or any person who 
has filed a timely motion to intervene which has not been denied, may 
file a motion opposing the acceptance of any amendment, other than an 
amendment under paragraph (a)(3)(i) of this section, not later than 15 
days after the filing of the amendment.
    (d) Acceptance of amendments. (1) An amendment becomes effective as 
an amendment at the end of 15 days from the date of filing, if no motion 
in opposition to the acceptance of an amendment under paragraph 
(a)(3)(iii) of this section is filed within the 15 day period.
    (2) If a motion in opposition to the acceptance of an amendment is 
filed within 15 days after the filing of the amendment, the amendment 
becomes effective as an amendment on the twentieth day after the filing 
of the amendment, except to the extent that the decisional authority, 
before such date, issues an order rejecting the amendment, wholly or in 
part, for good cause.
    (e) Directed amendments. A decisional authority, on motion or 
otherwise, may direct any participant, or any person seeking to be a 
party, to file a written amendment to amplify, clarify, or technically 
correct a pleading.