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 I—Commission Review of Remedial Orders (§385.901 to §385.917) > 385.911—Burden of proof (Rule 911).

385.911—Burden of proof (Rule 911).

(a) The Secretary has the burden of going forward and must sustain the burden of proof with respect to disputed elements of affirmative case of the Secretary.
(b) The Commission order will be based on a preponderance of the evidence.

Code of Federal Regulations

[Order 225, 47 FR 19022, May 3, 1982, as amended by Order 416, 50 FR 15733, Apr. 22, 1985]