Note that Instructions #6 and 15 of the NGPL data requests require compliance 
with Rule 403(c).

PART 385--RULES OF PRACTICE AND PROCEDURE--Table of Contents
 
   Subpart D--Discovery Procedures for Matters Set for Hearing Under 
                                Subpart E
 
Sec. 385.403  Methods of discovery; general provisions (Rule 403).

    (a) Discovery methods. Participants may obtain discovery by data 
requests, written interrogatories, and requests for production of 
documents or things (Rule 406), depositions by oral examination (Rule 
404), requests for inspection of documents and other property (Rule 
407), and requests for admission (Rule 408).
    (b) Discovery conferences. (1) The presiding officer may direct the 
participants in a proceeding or their representatives to appear for one 
or more conferences, either separately or as part of any other 
prehearing conference in the proceeding under Rule 601(a), for the 
purpose of scheduling discovery, identifying discovery issues, and 
resolving discovery disputes. Except as provided in paragraph (b)(2) of 
this section, the presiding officer, upon the conclusion of a 
conference, will issue an order stating any and all decisions made and 
agreements reached during the conference.
    (2) The Chief Administrative Law Judge may, upon a showing of 
extraordinary circumstances, waive the requirement to issue an order 
under paragraph (b)(1) of this section.
    (c) Identification and certification of preparer. Each response to 
discovery under this subpart must:
    (1) Identify the preparer or person under whose direct supervision 
the response was prepared; and
    (2) Be under oath or, for representatives of a public or private 
corporation or a partnership or association or a governmental agency, be 
accompanied by a signed certification of the preparer or person 
supervising the preparation of the response on behalf of the entity that 
the response is true and accurate to the best of that person's 
knowledge, information, and belief formed after a reasonable inquiry.
    (d) Supplementation of responses. (1) Except as otherwise provided 
by this paragraph, a participant that has responded to a request for 
discovery with a response that was complete when made is not under a 
continuing duty to supplement that response to include information later 
acquired.
    (2) A participant must make timely amendment to any prior response 
if the

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participant obtains information upon the basis of which the participant 
knows that the response was incorrect when made, or though correct when 
made is now incorrect in any material respect.
    (3) A participant may be required to supplement a response by order 
of the presiding officer or by agreement of all participants.
    (4) A participant may request supplementation of prior responses, if 
such request is permitted under the procedural schedule.

[Order 225, 47 FR 19022, May 3, 1982, as amended by Order 466-A, 52 FR 
35909, Sept. 24, 1987]