US FERC 18 CFR 385.206 Complaints: Rule 206 Guide for Wholesale Disputes

Key Takeaways

• 18 CFR 385.206 governs formal complaint procedures at FERC.
• You must quantify financial and operational impacts in your complaint.
• Respondents have 20 days to file answers.
• Complaints must disclose prior Dispute Resolution Service engagement.

Understanding FERC Rule 206 Formal Complaints

Federal Energy Regulatory Commission (FERC) Rule 206, codified as 18 CFR 385.206, establishes the formal complaint procedures under FERC's "RULES OF PRACTICE AND PROCEDURE" (August 2026). This rule applies to "Pleadings, Tariff and Rate Filings, Notices of Tariff or Rate Examination, Orders To Show Cause, Intervention, and Summary Disposition" (August 2026). It provides a framework for addressing alleged contraventions or violations of statutes, rules, orders, or other laws administered by the Commission (August 2026).

Any person may file a complaint seeking Commission action (August 2026). This action can be against any other person alleged to be in contravention or violation of these laws (August 2026). For wholesale solar and grid interconnection conflicts, understanding Rule 206 is crucial for seeking redress.

Mandatory Content for Rule 206 Complaints

A formal complaint under Rule 206 must meet specific content requirements. You must "Clearly identify the action or inaction which is alleged to violate applicable statutory standards or regulatory requirements" (August 2026). Beyond identifying the violation, the rule requires detailed quantification and disclosure.

Quantifying Impacts and Supporting Documentation

You must "Make a good faith effort to quantify the financial impact or burden (if any) created for the complainant as a result of the action or inaction" (August 2026). This includes providing monetary figures where possible. Additionally, you need to "Indicate the practical, operational, or other nonfinancial impacts imposed as a result of the action or inaction" (August 2026). This ensures a comprehensive picture of the harm.

All documents supporting the facts in the complaint must be included (August 2026). This covers documents "in possession of, or otherwise attainable by, the complainant, including, but not limited to, contracts and affidavits" (August 2026).

Prior Dispute Resolution Efforts

The complaint must also disclose whether prior informal dispute resolution procedures were used (August 2026). This includes stating "Whether the Enforcement Hotline, Dispute Resolution Service, tariff-based dispute resolution mechanisms, or other informal dispute resolution procedures were used" (August 2026). This informs FERC of attempts to resolve the issue outside of formal proceedings.

Service Requirements and Response Deadlines

When filing a complaint, "Service must be simultaneous with filing at the Commission for respondents" (August 2026). This means the respondent must receive the complaint at the same time it is submitted to FERC.

Respondents have a strict deadline to reply. "answers, interventions, and comments to a complaint must be filed within 20 days after the complaint is filed" (August 2026). This 20-day standard answer window is critical. However, if the complainant requests privileged treatment for information in its complaint, "answers, interventions, and comments are due within 30 days after the complaint is filed" (August 2026).