US FERC 18 CFR 385.213 Answers: A Rule 213 Guide

Key Takeaways

• Answers to motions or amendments must be filed within 15 days of the motion or amendment being filed.
• Answers to motions for extension or shortening of time must be filed within 5 days of the motion being filed.
• Failure to answer a complaint may lead to default, with relevant facts deemed admitted.
• An answer must contain a clear and concise statement of any disputed factual allegations and the law relied upon.

Understanding FERC Rule 213: Answers

Federal Energy Regulatory Commission (FERC) Rule 213, codified as 18 CFR 385.213, governs the requirements for "Answers" within the "RULES OF PRACTICE AND PROCEDURE" under Part 385. This rule outlines the procedural framework for responding to motions, pleadings, and complaints filed before the Commission.

Deadlines for Filing Answers

The timeframe for filing an answer depends on the type of document being responded to:

• Motions and Amendments: Any answer to a motion or to an amendment to a motion must be made within 15 days after the motion or amendment is filed.
• Motions to Extend or Shorten Time: Answers to a motion to extend or shorten the time period shall be made within 5 days after the motion is filed.
• Pleadings: Answers to pleadings published in the Federal Register or filed must be made "not later than 30 days after the filing of the pleading or amendment, unless otherwise ordered."

These deadlines are critical for ensuring timely participation in FERC proceedings.

Consequences of Failing to Answer a Complaint

Failing to answer a complaint can have significant repercussions. "Any person failing to answer a complaint may be considered in default, and all relevant facts stated in such complaint may be deemed admitted." This means that if you do not respond, the Commission may accept the complainant's factual assertions as true without further proof. Such a default may also be a basis for summary disposition under Rule 217.

Content and Format Requirements for Answers

FERC Rule 213 specifies what an answer must contain and its general format:

• Required Content: "An answer must contain a clear and concise statement of: (i) Any disputed factual allegations; and (ii) Any law upon which the answer relies." This ensures that the Commission and other parties clearly understand the points of contention and the legal basis for your position.
• Supporting Documents: "An answer to a complaint must include documents that support the facts in the answer in possession of, or otherwise attainable by, the respondent." This requirement ensures that factual claims are substantiated with evidence.
• Written Requirement: Generally, "Any answer must be in writing." However, the rule allows for flexibility, stating that "the presiding officer may permit an oral answer to a motion made on the record."
• Service List: The rule also references a "privileged treatment service list for the proceeding compiled by the Secretary," indicating that parties on this list receive official communications.

We have not verified whether specific formatting guidelines for written answers exist beyond these content requirements, so we do not publish them.