§ 14.47   Discovery.

   (a) A complainant may file with the Commission and serve on a defendant,
   concurrently  with  its  complaint,  a  request  for up to ten written
   interrogatories. A defendant may file with the Commission and serve on a
   complainant, during the period starting with the service of the complaint
   and ending with the service of its answer, a request for up to ten written
   interrogatories. A complainant may file with the Commission and serve on a
   defendant, within three calendar days of service of the defendant's answer,
   a  request  for  up  to  five written interrogatories. Subparts of any
   interrogatory will be counted as separate interrogatories for purposes of
   compliance with this limit. Requests for interrogatories filed and served
   pursuant  to  this  procedure  may  be  used  to seek discovery of any
   non-privileged matter that is relevant to the material facts in dispute in
   the pending proceeding, provided, however, that requests for interrogatories
   filed and served by a complainant after service of the defendant's answer
   shall  be limited in scope to specific factual allegations made by the
   defendant in support of its affirmative defenses. This procedure may not be
   employed for the purpose of delay, harassment or obtaining information that
   is beyond the scope of permissible inquiry related to the material facts in
   dispute in the pending proceeding.

   (b) Requests for interrogatories filed and served pursuant to paragraph (a)
   of this section shall contain a listing of the interrogatories requested and
   an explanation of why the information sought in each interrogatory is both
   necessary to the resolution of the dispute and not available from any other
   source.

   (c) A responding party shall file with the Commission and serve on the
   propounding  party  any  opposition and objections to the requests for
   interrogatories as follows:

   (1) By the defendant, within ten calendar days of service of the requests
   for interrogatories served simultaneously with the complaint and within five
   calendar days of the requests for interrogatories served following service
   of the answer;

   (2) By the complainant, within five calendar days of service of the requests
   for interrogatories; and

   (3) In no event less than three calendar days prior to the initial status
   conference as provided for in § 14.50(a) of this subpart.

   (d)  Commission  staff will consider the requests for interrogatories,
   properly filed and served pursuant to paragraph (a) of this section, along
   with  any objections or oppositions thereto, properly filed and served
   pursuant to paragraph (b) of this section, at the initial status conference,
   as provided for in § 14.50(a)(5) of this subpart, and at that time determine
   the interrogatories, if any, to which parties shall respond, and set the
   schedule of such response.

   (e) The interrogatories ordered to be answered pursuant to paragraph (d) of
   this section are to be answered separately and fully in writing under oath
   or affirmation by the party served, or if such party is a public or private
   corporation or partnership or association, by any officer or agent who shall
   furnish such information as is available to the party. The answers shall be
   signed  by the person making them. The answers shall be filed with the
   Commission and served on the propounding party.

   (f) A propounding party asserting that a responding party has provided an
   inadequate  or insufficient response to a Commission-ordered discovery
   request may file a motion to compel within ten days of the service of such
   response, or as otherwise directed by Commission staff, pursuant to the
   requirements of § 14.45 of this subpart.

   (g)  The Commission may, in its discretion, require parties to provide
   documents to the Commission in a scanned or other electronic format that
   provides:

   (1) Indexing by useful identifying information about the documents; and

   (2) Technology that allows staff to annotate the index so as to make the
   format an efficient means of reviewing the documents.

   (h)  The Commission may allow additional discovery, including, but not
   limited   to,   document  production,  depositions  and/or  additional
   interrogatories. In its discretion, the Commission may modify the scope,
   means and scheduling of discovery in light of the needs of a particular case
   and the requirements of applicable statutory deadlines.

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