[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: 18CFR385.508]

[Page 905-906]
 
           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 E--Hearings
 
Sec. 385.508  Exhibits (Rule 508).

    (a) General rules. (1) Except as provided in paragraphs (b) through 
(e) of this section, any material offered in evidence, other than oral 
testimony, must be offered in the form of an exhibit.
    (2) Any participant who seeks to have an exhibit admitted into 
evidence must provide one copy of the exhibit to the presiding officer 
and two copies to the reporter, not later than the time that the exhibit 
is marked for identification.
    (3) The presiding officer will cause each exhibit offered by a 
participant to be marked for identification.
    (b) Designation and treatment of matter sought to be admitted. (1) 
If a document offered as an exhibit contains material not offered as 
evidence, the participant offering the exhibit must:
    (i) Plainly designate the matter offered as evidence; and
    (ii) Segregate and exclude the material not offered in evidence, to 
the extent practicable.
    (2) If, in a document offered as an exhibit, material not offered in 
evidence is so extensive as to unnecessarily encumber the record, the 
material offered in evidence will be marked for identification. The 
remainder of the document will be considered not to have been offered in 
evidence.
    (3) Copies of any document offered as an exhibit under paragraph 
(b)(2) of this section must be delivered to the other participants 
appearing at the hearing by the participant offering the exhibit in 
evidence. The participants will be offered an opportunity to inspect the 
entire document and to offer as an exhibit in evidence, in like manner, 
any other portions of the document.
    (c) Public document items by reference. If all or part of a public 
document is offered in evidence and the participant offering the 
document shows that all or the pertinent part of the document, is 
reasonably available to the public, the document need not be produced or 
marked for identification but may be offered in evidence as a public 
document by identifying all or the relevent part of the document to be 
offered.
    (d) Official notice of facts. (1) A presiding officer may take 
official notice of any matter that may be judicially noticed by the 
courts of the United States, or of any matter about which the 
Commission, by reason of its functions, is expert.
    (2) The presiding officer must afford any participant, making a 
timely request, an opportunity to show the contrary of an officially 
noticed fact.
    (3) Any participant requesting official notice of facts after the 
conclusion of the hearing must set forth reasons to justify the failure 
to request official notice prior to the close of the hearing.
    (e) Stipulations. (1) Participants in a proceeding may stipulate to 
any relevant matters of fact or the authenticity of any relevant 
documents.
    (2) A stipulation may be received in evidence at the hearing and, if 
received in evidence, the stipulation is binding on the stipulating 
participants with respect to any matter stipulated.

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    (3) A stipulation may be written or made orally at the hearing.