How Will the Expanded Discovery Protections of the Federal Rules of Civil Procedure Affect Ferc Discovery Practice?

Bixby, James W., Energy Law Journal

Synopsis: Given that litigation before the Federal Energy Regulatory Commission inevitably involves large amounts of money in controversy and extensive expert testimony, it is no surprise that formal proceedings can generate vast amounts of discovery and, correspondingly, large numbers of discovery disputes. As part of its Rules of Practice and Procedure, the FERC has promulgated Rule 402, which governs the scope of discovery in litigation, including expert witness-related discovery. Rule 402 was explicitly designed by the FERC to mirror Federal Rule of Civil Procedure 26, which governs discovery in federal court. FERC Administrative Law Judges have often looked to FRCP 26 for guidance in …

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Publication information: Article title: How Will the Expanded Discovery Protections of the Federal Rules of Civil Procedure Affect Ferc Discovery Practice?. Contributors: Bixby, James W. - Author. Journal title: Energy Law Journal. Volume: 33. Issue: 2 Publication date: July 1, 2012. Page number: 537+. © Foundation of the Energy Law Journal 2008. Provided by ProQuest LLC. All Rights Reserved.

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