CFR > Title 18 - Conservation of Power and Water Resources > CHAPTER I—FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY > SUBCHAPTER X—PROCEDURAL RULES (parts 385 to 391) > PART 385—RULES OF PRACTICE AND PROCEDURE > SUBPART O—Procedures for the Assessment of Civil Penalties Under Section 31 of the Federal Power Act (§385.1501 to §385.1511) > 385.1506—Notice of proposed penalty (Rule 1506).

385.1506—Notice of proposed penalty (Rule 1506).

(a) Before issuing an order assessing a civil penalty under this subpart against any person, the Commission will provide to the person notice of the proposed penalty.
(b) The notice of proposed penalty will:
(1) Include the amount of the proposed penalty;
(2) Include a statement of the material facts constituting the alleged violation; and
(3) (i) Inform the person of the opportunity to elect in writing within 30 days of receipt of the notice to have the procedures of Rule 1509 (in lieu of those of Rule 1508) apply with respect to the assessment, or,
(ii) If a final compliance order is issued under section 31(a) of the Federal Power Act, no notice of election will be provided for a violation of, or a failure or refusal to comply with, the final order.