Rule 403© of FERC's discovery rules

Note that Instructions #6 and 15 of the NGPL data requests require compliance
with Rule 403©.

PART 385--RULES OF PRACTICE AND PROCEDURE--Table of Contents

Subpart D--Discovery Procedures for Matters Set for Hearing Under
Subpart E

Sec. 385.403 Methods of discovery; general provisions (Rule 403).

(a) Discovery methods. Participants may obtain discovery by data
requests, written interrogatories, and requests for production of
documents or things (Rule 406), depositions by oral examination (Rule
404), requests for inspection of documents and other property (Rule
407), and requests for admission (Rule 408).
(b) Discovery conferences. (1) The presiding officer may direct the
participants in a proceeding or their representatives to appear for one
or more conferences, either separately or as part of any other
prehearing conference in the proceeding under Rule 601(a), for the
purpose of scheduling discovery, identifying discovery issues, and
resolving discovery disputes. Except as provided in paragraph (b)(2) of
this section, the presiding officer, upon the conclusion of a
conference, will issue an order stating any and all decisions made and
agreements reached during the conference.
(2) The Chief Administrative Law Judge may, upon a showing of
extraordinary circumstances, waive the requirement to issue an order
under paragraph (b)(1) of this section.
© Identification and certification of preparer. Each response to
discovery under this subpart must:
(1) Identify the preparer or person under whose direct supervision
the response was prepared; and
(2) Be under oath or, for representatives of a public or private
corporation or a partnership or association or a governmental agency, be
accompanied by a signed certification of the preparer or person
supervising the preparation of the response on behalf of the entity that
the response is true and accurate to the best of that person's
knowledge, information, and belief formed after a reasonable inquiry.
(d) Supplementation of responses. (1) Except as otherwise provided
by this paragraph, a participant that has responded to a request for
discovery with a response that was complete when made is not under a
continuing duty to supplement that response to include information later
acquired.
(2) A participant must make timely amendment to any prior response
if the

[[Page 881]]

participant obtains information upon the basis of which the participant
knows that the response was incorrect when made, or though correct when
made is now incorrect in any material respect.
(3) A participant may be required to supplement a response by order
of the presiding officer or by agreement of all participants.
(4) A participant may request supplementation of prior responses, if
such request is permitted under the procedural schedule.

[Order 225, 47 FR 19022, May 3, 1982, as amended by Order 466-A, 52 FR
35909, Sept. 24, 1987]