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 D—Discovery Procedures for Matters Set for Hearing Under Subpart E (§385.401 to §385.411) > 385.401—Applicability (Rule 401).

385.401—Applicability (Rule 401).

(a) General rule. Except as provided in paragraph (b) of this section, this subpart applies to discovery in proceedings set for hearing under subpart E of this part, and to such other proceedings as the Commission may order.
(b) Exceptions. Unless otherwise ordered by the Commission, this subpart does not apply to:
(1) Requests for information under the Freedom of Information Act, 5 U.S.C. 552, governed by Part 388 of this chapter; or,
(2) Requests by the Commission or its staff who are not participants in a proceeding set for hearing under subpart E of this part to obtain information, reports, or data from persons subject to the Commission's regulatory jurisdiction; or
(3) Investigations conducted pursuant to Part 1b of this chapter.