18 C.F.R. §385.213 - Answers (Rule 213)

Cite as18 C.F.R. §385.213
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99 cases
  • Total Gas & Power N. Am., Inc. v. Fed. Energy Regulatory Comm'n, CIVIL ACTION NO. 4:16-1250
    • United States
    • United States District Courts. 5th Circuit. United States District Courts. 5th Circuit. Southern District of Texas
    • July 15, 2016
    ...any matter, legal, factual or procedural, that they would urge in the Commission's consideration of this matter."); see generally 18 C.F.R. § 385.213(c)(2)(ii) (directing respondent to "[s]et forth every defense relied on" in its response to an order to show cause). 34. See 2008 Policy Stat......
  • Fed. Energy Regulatory Comm'n v. Barclays Bank PLC
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Eastern District of California
    • March 28, 2017
    ...they were required to make a clear and concise statement of the disputed factual allegations, the law relied upon, and all defenses. 18 C.F.R. § 385.213(c). However, it does not state or otherwise indicate that Defendants would be limited to those statements in the district court proceeding......
  • Fed. Energy Regulatory Comm'n v. Silkman, 1:16-cv-00205-JAW
    • United States
    • United States District Courts. 1st Circuit. United States District Court (Maine)
    • January 4, 2019
    ...rules avoid such an absurdity by requiring only that a Respondent set forth the defenses relied upon "to the extent practicable." 18 C.F.R. § 385.213(c)(2). Requiring a Respondent to anticipate and raise defenses that might only have merit at some future date and which are dependent upon va......
  • Fed. Energy Regulatory Comm'n v. Silkman, CIVIL ACTION NO. 13-13054-DPW
    • United States
    • United States District Courts. 1st Circuit. United States District Courts. 1st Circuit. District of Massachusetts
    • April 11, 2016
    ...FERC rule here mandates that parties responding to agency action, “to the extent practicable, ... set forth every defense relied on.” 18 C.F.R. § 385.213(c)(2). This language is enough. In Upper Blackstone Water Pollution Dist . v. EPA , 690 F.3d 9, 30 (1st Cir.2012), for example, the First......
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