[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: 18CFR385.408]

[Page 900]
 
           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. 385.408  Admissions (Rule 408).

    (a) General rule. A participant may serve upon any other participant 
a written request for admission of the genuineness of any document or 
the truth of any matter of fact. The request must be served upon all 
participants.
    (b) Procedures. (1) Any request for admission of the genuineness of 
a document must be accompanied by a legible copy of the document, unless 
it was previously furnished, is in the possession of the recipient of 
the request, or is readily available for inspection and copying.
    (2) The truth of specified matters of fact or the genuineness of the 
documents described in a request are deemed admitted unless, within 20 
days after service of the request or any longer period designated in the 
request, the participant that receives the request serves upon the 
requesting participant a written answer or objection addressed to the 
matters in the request.
    (3) An answer must specifically admit or deny the truth of the 
matters in the request or set forth in detail the reasons why the 
answering participant cannot admit or deny the truth of each matter. A 
denial of the truthfulness of the requested admission must fairly 
discuss the substance of the requested admission and, when good faith 
requires that a participant qualify the answer or deny only a part of 
the matter of which an admission is requested, the participant must 
specify that which is true and qualify or deny the remainder. The answer 
must be served on all participants.
    (c) Effect of admission. Any admission made by a participant under 
this section is for the purpose of the pending proceeding only, is not 
an admission for any other purpose, and may not be used against the 
participant in any other proceeding. Any matter admitted under this rule 
is conclusively established unless the presiding officer, on motion, 
permits withdrawal or amendment of the admission. The presiding officer 
may permit withdrawal or amendment of an admission, if the presiding 
officer finds that the presentation of the merits of the proceeding will 
be promoted and the participant who obtained the admission has failed to 
satisfy the presiding officer that withdrawal or amendment of the 
admission will prejudice that participant in maintaining his position in 
the proceeding.

[Order 225, 47 FR 19022, May 3, 1982, as amended by Order 466-A, 52 FR 
35909, Sept. 24, 1987]