[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: 18CFR385.401]

[Page 896]
 
           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 D--Discovery Procedures for Matters Set for Hearing Under 
                                Subpart E
 
Sec. 385.401  Applicability (Rule 401).

    Source: 52 FR 6966, Mar. 6, 1987, unless otherwise noted.


    (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.