[Code of Federal Regulations]
[Title 18, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 18CFR1b.16]

[Page 11-12]
 
           TITLE 18--CONSERVATION OF POWER AND WATER RESOURCES
 
  CHAPTER I--FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY
 
PART 1b_RULES RELATING TO INVESTIGATIONS--Table of Contents
 
Sec. 1b.16  Rights of witnesses.

    (a) Any person who is compelled or requested to furnish documentary 
evidence or testimony in a formal investigation shall, upon request, be 
shown

[[Page 12]]

the Commission's Order of Investigation. Copies of Orders of 
Investigation shall not be furnished, for their retention, to such 
persons requesting the same except with the express approval of the 
director of the office responsible for the investigation. Such approval 
shall not be given unless the director of the office responsible for the 
investigation, in the director's discretion is satisfied that there 
exist reasons consistent with the protection of privacy of persons 
involved in the investigation and with the unimpeded conduct of the 
investigation.
    (b) Any person compelled to appear, or who appears in person at a 
formal investigation by request or permission of the Investigating 
Officer may be accompanied, represented and advised by counsel, as 
provided by Sec. 385.2101 of this chapter and these rules, except that 
all witnesses shall be sequestered and, unless permitted in the 
discretion of the Investigating Officer, no witness or the counsel 
accompanying any such witness shall be permitted to be present during 
the examination of any other witness called in such proceeding. When 
counsel does represent more than one person in an investigation, for 
example, where the counsel is counsel to the witness and his employer, 
said counsel shall inform the Investigating Officer and each client of 
said counsel's possible conflict of interest in representing that client 
and, if said counsel appears with a witness giving testimony on the 
record in an investigation, counsel shall state on the record all 
persons said counsel represents in the investigation.
    (c) Any witness may be accompanied, represented, and advised by 
counsel as follows:
    (1) Counsel for a witness may advise the witness, in confidence, 
upon his initiative or the witness' with respect to any question, and if 
the witness refuses to answer a question, then the witness or counsel 
may briefly state on the record the legal grounds for such refusal.
    (2) Where it is claimed that the witness has a privilege to refuse 
to answer a question on the grounds of self-incrimination, the witness 
must assert the privilege personally.
    (3) Following completion of the examination of a witness, such 
witness may make a statement on the record and his counsel may on the 
record question the witness to enable the witness to clarify any of the 
witness' answers or to offer other evidence.
    (4) The Investigating Officer shall take all necessary action to 
regulate the course of the proceeding to avoid delay and prevent or 
restrain obstructionist or contumacious conduct or contemptuous 
language. Such officer may report to the Commission any instances where 
an attorney or representative has refused to comply with his directions, 
or has engaged in obstructionist or contumacious conduct or has used 
contemptuous language in the course of the proceeding. The Commission 
may thereupon take such further action as the circumstances may warrant, 
including suspension or disbarment of counsel from further appearance or 
practice before it, in accordance with Sec. 385.2101 of this chapter, 
or exclusion from further participation in the particular investigation.
    (d) Unless otherwise ordered by the Commission, in any public formal 
investigation, if the record shall contain implications of wrongdoing by 
any person, such person shall have the right to appear on the record; 
and in addition to the rights afforded other witnesses hereby, he shall 
have a reasonable opportunity of cross-examination and production of 
rebuttal testimony or documentary evidence. Reasonable shall mean 
permitting persons as full an opportunity to assert their position as 
may be granted consistent with administrative efficiency and with 
avoidance of undue delay. The determinations of reasonableness in each 
instance shall be made in the discretion of the investigating officer.

[43 FR 27174, June 23, 1978, as amended by Order 225, 47 FR 19054, May 
3, 1982]