US FERC 18 CFR 385.713 Rehearing Requests: Rule 713 Guide
Updated 6 September 2026 · By SolarNevs Research Desk, Dealer surveys + verified sources · 1 source · Method ↗
Key Takeaways
- You must file a request for rehearing not later than 30 days after a final decision or order (August 2026).
- A "Statement of Issues" is mandatory; issues not listed are deemed waived (August 2026).
- The Commission will not permit answers to requests for rehearing (August 2026).
- Filing a request for rehearing does not stay the Commission decision or order (August 2026).
Understanding FERC Rule 713 for Rehearing Requests
Federal Energy Regulatory Commission (FERC) Rule 713, codified as 18 CFR 385.713, outlines the procedures for requesting a rehearing of a Commission decision. This rule falls under the "RULES OF PRACTICE AND PROCEDURE" in Part 385 of the Code of Federal Regulations. It establishes specific requirements and deadlines you must follow when seeking a rehearing.
The rule also clarifies that any initial decision under Rule 709 is a final Commission decision after the time provided for Commission review under Rule 712. The Commission may, at its discretion, afford parties an opportunity to file briefs or present oral argument on one or more issues presented by a request for rehearing.
Frequently asked questions
What is the deadline for filing a rehearing request under FERC Rule 713?
You must file a request for rehearing not later than 30 days after the issuance of any final decision or other final order in a proceeding (August 2026). This 30-day period is a mandatory statutory deadline.
What must a rehearing request include to avoid waiving issues?
A request for rehearing must include a separate section titled 'Statement of Issues.' This section must list each issue in a separately enumerated paragraph, including relevant Commission and court precedent (August 2026). Any issue not listed in this manner will be deemed waived.
Can you file an answer to a rehearing request under Rule 713?
No, the Commission will not permit answers to requests for rehearing (August 2026). This prohibition applies unless the Commission explicitly permits an answer.
Does filing a rehearing request automatically stop a FERC decision?
No, the filing of a request for rehearing does not stay the Commission decision or order (August 2026). This is true unless the Commission specifically orders otherwise.
What happens if FERC does not act on a rehearing request within 30 days?
Unless the Commission acts upon a request for rehearing within 30 days after the request is filed, the request is denied (August 2026). This is known as the 30-day deemed-denial rule.
Filing Deadlines and Requirements
You must file a request for rehearing not later than 30 days after the issuance of any final decision or other final order in a proceeding. This 30-day period is a strict statutory deadline.
Prohibition on Answers and Non-Stay Status
The Commission will not permit answers to requests for rehearing. This means that once a rehearing request is filed, other parties generally cannot submit a response unless the Commission specifically allows it.
Deemed-Denial Rule
A significant aspect of Rule 713 is the deemed-denial provision. Unless the Commission acts upon a request for rehearing within 30 days after the request is filed, the request is denied. This means that if FERC does not issue an order addressing your request within this 30-day timeframe, your request is automatically considered denied by operation of law.
References
- 18 CFR § 385.713 - Request for rehearing (Rule 713). — accessed 31 August 2026
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