[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: 18CFR385.217]

[Page 894-895]
 
           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. 385.217  Summary disposition (Rule 217).

    (a) Applicability. This section applies to:
    (1) Any proceeding, or any part of a proceeding, while the 
Commission is the decisional authority; and
    (2) Any proceeding, or part of a proceeding, which is set for 
hearing under subpart E.
    (b) General rule. If the decisional authority determines that there 
is no genuine issue of fact material to the decision of a proceeding or 
part of a proceeding, the decisional authority may summarily dispose of 
all or part of the proceeding.
    (c) Procedures. (1) Any participant may make a motion for summary 
disposition of all or part of a proceeding.
    (2) If a decisional authority, other than the Commission, is 
considering summary disposition of a proceeding, or part of a 
proceeding, in the absence of a motion for summary disposition by a 
participant, the decisional authority

[[Page 895]]

will grant the participants an opportunity to comment on the proposed 
disposition prior to any summary disposition, unless, for good cause 
shown, the decisional authority provides otherwise.
    (3) If, prior to setting a matter for hearing, the Commission is 
considering summary disposition of a proceeding or part of a proceeding 
in the absence of a motion for summary disposition by any participant 
and the Commission determines that notice and comment on summary 
disposition are practicable and necessary, the Commission may notify the 
participants and afford them an opportunity to comment on any proposed 
summary disposition.
    (d) Disposition. (1)(i) If a decisional authority, other than the 
Commission, summarily disposes of an entire proceeding, the decisional 
authority will issue an initial decision for the entire proceeding.
    (ii) Except as provided under paragraph (d)(1)(iii) of this section, 
a decisional authority, other than the Commission, which summarily 
disposes of part of a proceeding may:
    (A) Issue a partial initial decision; or
    (B) Postpone issuing an initial decision on the summarily disposed 
part and combine it with the initial decision on the entire proceeding 
or other appropriate part of the proceeding.
    (iii) If the decisional authority, other than the Commission, 
summarily disposes of part of a proceeding and such disposition requires 
the filing of new tariff or rate schedule sheets, the decisional 
authority will issue an initial decision on that part of the proceeding.
    (2) Any initial decision issued under paragraph (d)(1) of this 
section is considered an initial decision issued under subpart G of this 
part, except that the following rules do not apply: Rule 704 (rights of 
participants before initial decision), Rule 705 (discretion of presiding 
officer before initial decision), Rule 706 (initial and reply briefs 
before initial decision), Rule 707 (oral argument before initial 
decision), and Rule 709 (other types of decisions).

[Order 225, 47 FR 19022, May 3, 1982; Order 225-A, 47 FR 35956, Aug. 18, 
1982]