[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: 18CFR385.603]

[Page 909-910]
 
           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 F--Conferences, Settlements, and Stipulations
 
Sec. 385.603  Settlement of negotiations before a settlement judge (Rule 603).

    (a) Applicability. This section applies to any proceeding set for 
hearing under subpart E of this part and to any other proceeding in 
which the Commission has ordered the appointment of a settlement judge.
    (b) Definition. For purposes of this section, settlement judge means 
the administrative law judge appointed by the Chief Administrative Law 
Judge to conduct settlement negotiations under this section.
    (c) Requests for appointment of settlement judges. (1) Any 
participant may file a motion requesting the appointment of a settlement 
judge with the presiding officer, or, if there is no presiding officer 
for the proceeding, with the Commission.
    (2) A presiding officer may request the Chief Administrative Law 
Judge to appoint a settlement judge.
    (3) A motion under paragraph (c)(1) of this section may be acted 
upon at any time, and the time limitations on answers in Rule 213(d) do 
not apply.
    (4) Any answer or objection filed after a motion has been acted upon 
will not be considered.
    (d) Commission order directing appointment of settlement judge. The 
Commission may, on motion or otherwise, order the Chief Administrative 
Law Judge to appoint a settlement judge.
    (e) Appointment of settlement judge by Chief Administrative Law 
Judge. The Chief Administrative Law Judge may appoint a settlement judge 
for any proceeding, if requested by the presiding officer under 
paragraph (c)(2) of this section or if the presiding officer concurs in 
a motion made under paragraph (c)(1) of this section.
    (f) Order appointing settlement judge. The Chief Administrative Law 
Judge will appoint a settlement judge by an order, which specifies 
whether, and to what extent, the proceeding is suspended pending 
termination of settlement negotiations conducted in accordance with this 
section. The order may confine the scope of any settlement negotiations 
to specified issues.
    (g) Powers and duties of settlement judge. (1) A settlement judge 
will convene and preside over conferences and settlement negotiations 
between the participants and assess the practicalities of a potential 
settlement.
    (2)(i) A settlement judge will report to the Chief Administrative 
Law Judge

[[Page 910]]

or the Commission, as appropriate, describing the status of the 
settlement negotiations and evaluating settlement prospects.
    (ii) In any such report, the settlement judge may recommend the 
termination or continuation of settlement negotiations conducted under 
this section.
    (iii) The first report by the settlement judge will be made not 
later than 30 days after the appointment of the settlement judge. The 
Commission or the Chief Administrative Law Judge may order additional 
reports at any time.
    (h) Termination of settlement negotiations before a settlement 
judge. Unless an order of the Commission directing the appointment of a 
settlement judge provides otherwise, settlement negotiations conducted 
under this section will terminate upon the order of the Chief 
Administrative Law Judge issued after consultation with the settlement 
judge.
    (i) Non-reviewability. Any decision concerning the appointment of a 
settlement judge or the termination of any settlement negotiations is 
not subject to review by, appeal to, or rehearing by the presiding 
officer, Chief Administrative Law Judge, or the Commission.
    (j) Multiple settlement negotiations. If settlement negotiations are 
terminated under paragraph (h) of this section, the Chief Administrative 
Law Judge may subsequently appoint a settlement judge in the same 
proceeding to conduct settlement negotiations in accordance with this 
section.