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(14) The volume received into the transmission pipeline system at each intake point on the day of maximum coincidental delivery.

(15) The information required by subparagraphs (12), (13) and (14), of this paragraph may be furnished in tabular form, or by reference to FPC Form No. 2, providing, that the information is suitably keyed to the diagram(s) by appropriate identifying symbol or number. (Secs. 4, 5, 7, 52 Stat. 823, 824, 825; 15 U.S.C. 717c, 717d, 7171) [Order 303-A, 31 F.R. 7226;

May 18, 1966, as amended by Order 345, 32 F.R. 7332, May 17, 1967; Order 430, 36 F.R. 7052, Apr. 14, 1971]

§ 260.9 Report by natural gas pipeline companies on service interruptions occurring on the pipeline system.

(a) Every natural gas pipeline company shall report to the Federal Power Commission serious interruptions of service to any wholesale customer involving facilities operated under certificate authorization from the Commission. Such serious interruptions of service shall include interruptions of service to communities, major Government installations and large industrial plants outside of communities or any other interruptions which are significant in the judgment of the pipeline company. Interruptable service interrupted in accordance with the provisions of filed tariffs, interruptions of service resulting from planned maintenance or construction and interruptions of service of less than 3-hours duration need not be reported.

(b) Natural gas pipeline companies shall report such interruptions to service by telegram to the Chief, Bureau of Natural Gas, Federal Power Commission, 441 G Street NW., Washington, D.C. 20426, at the earliest feasible time foliowing such interruption to service and shall state briefly the (1) location and (2) time thereof, (3) customers affected, and (4) emergency actions taken to maintain service.

(c) If so directed by the Commission or the Chief, Bureau of Natural Gas, the company shall provide such supplemental information so as to provide a full report of the circumstances surrounding the occurrence.

(d) Natural gas pipeline companies shall furnish to the Commission within 20 days of each interruption to service involving failure of facilities on any part of the pipeline system operated under certificate authorization from the Commission a copy of such failure reports

as required by the Department of Transportation reporting requirement under the Natural Gas Pipeline Safety Act of 1968.

(e) Copies of the telegraphic report on interruption of service shall be sent to the State commission in those States where service has been or might be affected.

(Secs. 7, 13, 14; 52 Stat. 824, 825, 827, 828; 56 Stat. 83, 84; 61 Stat. 459; 15 U.S.C. 7171, 7172, 717m) [Order 401, 35 F.R. 7413, May

13, 1970]

§ 260.11 Form No. 8, report of gas stored underground.

(a) The form of Report of Gas Stored Underground, designated herein as FPC Form No. 8, is prescribed for the 2-year period commencing November 1, 1970.

(b) Each natural gas company as defined by the Natural Gas Act, as amended, 52 Stat. 821, except an independent producer as defined by § 154.91 (a) of the Regulations under the Natural Gas Act (§ 154.91(a) of this chapter), which owns, leases, or operates an underground natural gas storage field or which has natural gas stored for it by others in an underground natural gas storage field, shall prepare and file with the Commission an original and two copies of Report of Gas Stored Underground, FPC Form No. 8, on or before November 15 of each reporting year, November 1 through October 31, showing volumes of gas in underground storage on November 1 and within 5 days after, or the nearest date thereto that information is available, the 1st and 15th days of December through March and the first days of April through November, showing estimated accumulated storage gas withdrawals and injections and balances of stored volumes remaining, except that reports on gas stored underground on November 1 and 15 and December 1 and 15, 1970, shall be filed on or before January 4, 1971.

[Order 417, 35 F.R. 18963, Dec. 15, 1970] § 260.100

General requirements for annual reports to stockholders and others.

All annual reports to stockholders and others shall include an appropriate summary of the investment tax credits generated and utilized and a statement of the accounting method elected by the company in connection with the utilization of the credits.

(Sec. 8, 52 Stat. 825; 15 U.S.C. 717g) [Order 289, 29 F R. 15022, Nov. 6, 1964]

CHAPTER II-TENNESSEE VALLEY AUTHORITY

Part

300

301

302

303

304

Ethical and other conduct standards and responsibilities of employees and special government employees.

Procedures.

Nondiscrimination in federally-assisted programs of TVA-effectuation of
Title VI of the Civil Rights Act of 1964.

Equal employment opportunity-TVA contracts.

Approval of construction in the Tennessee River System and regulation of

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ployees and special Government employees is essential to assure the proper performance of the Government business and the maintenance of confidence by citizens in their Government. The regulations in this part prescribe ethical and other conduct standards and responsibilities of TVA employees and special Government employees and set forth requirements for reporting on and reviewing their outside employment and financial interests.

§ 300.735-2 Definitions.

In this part:

(a) "Employee" means an employee of TVA but does not include a special Government employee or a member of the uniformed services.

(b) "Executive order" mean Executive Order 11222 of May 8, 1965.

(c) "General Manager" means the General Manager of TVA.

(d) "Person" means an individual, a corporation, a company, an association, a firm, a partnership, a society, a joint stock company, or any other organization or institution.

(e) "Special Government employee” means a "special Government employee” as defined in section 202 of title 18 of the United States Code who is employed by TVA (i.e., an employer-employee relationship is established), but does not include a member of the uniformed services.

(f) "TVA Board" or "Board" means the Board of Directors of TVA.

the

(g) "Uniformed services" has meaning given that term by section 101 (3) of title 37 of the United States Code.

§ 300.735-3 Interpretation and advisory service.

The General Manager is designated as counselor for TVA. As such he is TVA's designee to the U.S. Civil Service Commission on matters covered by the regulations in this part; he coordinates TVA's counseling services and assures that counseling and interpretations on questions of conflict of interest and other matters covered by the regulations in this part are available to deputy counselors. He designates other officials as deputy counselors as he deems necessary. Deputy counselors are responsible for providing authoritative advice and guidance to each employee and special Government employee who seeks advice on matters covered by the regulations in this part.

300.735-4 Reviewing statements of

employment and financial interests. Each statement of employment and financial interests submitted under §§ 300.735-41 through 300.735-49 is reviewed as follows:

(a) A statement submitted by the General Manager is reviewed by the TVA Board.

(b) Statements submitted by employees or special Government employees reporting directly to the General Manager are reviewed by the General Manager.

(c) Statements submitted by other employees or special Government employees are reviewed by the General Manager or by officials he designates.

(d) The employee or special Government employee is provided an opportunity to explain a conflict or apparent conflict of interest.

(e) The reviewer obtains from the employee or special Government employee or from any other source such additional information as he deems advisable in any case where he determines a conflict or apparent conflict of interest may exist.

(f) A conflict or appearance of conflict of interest that is not resolved at a lower level is reported to the TVA Board through the counselor designated under § 300.735-3.

§ 300.735-5 Disciplinary and other remedial action.

(a) A violation of the regulations in this part may be cause for appropriate disciplinary action which may be in addition to any penalty prescribed by law.

(b) Remedial action to end a conflict or appearance of conflict of interest may include, but is not limited to:

(1) Changes in assigned duties;

(2) Divestment by the employee or special Government employee of his conflicting interest;

(3) Removal from position or resignation;

(4) Disqualification for a particular assignment.

(c) Any of the foregoing actions shall be effected in accordance with applicable laws, Executive orders, and regulations.

§ 300.735-6 Administration of regulations.

Except as specifically provided otherwise, the administration of the regulations in this part and the applicable

regulations of the U.S. Civil Service Commission under the Executive order is hereby delegated to the General Manager and to offices, divisions, and officials he designates.

Subpart B-Ethical and Other Conduct Standards and Responsibilities of Employees

§ 300.735-11 Proscribed actions.

An employee shall avoid any action, whether or not specifically prohibited by this subpart, which might result in, or create the appearance of:

(a) Using public office for private gain;

(b) Giving preferential treatment to any person;

(c) Impeding TVA efficiency or economy;

(d) Losing complete independence or impartiality;

(e) Making a TVA decision outside official channels; or

(f) Affecting adversely the confidence of the public in the integrity of TVA.

§ 300.735-12 Gifts, entertainment, and favors.

(a) Except as provided in paragraphs (b) and (e) of this section, an employee shall not solicit or accept directly or indirectly, any gift, gratuity, favor, entertainment, loan, or any other thing of monetary value, from a person who:

(1) Has, or is seeking to obtain, contractual or other business or financial relations with TVA;

(2) Conducts operations or activities that are regulated by TVA; or

(3) Has interests that may be substantially affected by the performance or nonperformance of his official duty.

(b) An employee may:

(1) Accept a gift or favor or other thing of monetary value when the circumstances make it clear that it is an obvious family or personal relationship (such as that between the parents, children, or spouse of the employee and the employee) which motivates the gift and its acceptance rather than the business of the persons concerned;

(2) Accept food and refreshments of nominal value on infrequent occasions in the ordinary course of a luncheon or dinner meeting or other meeting or on an inspection tour where an employee may properly be in attendance;

(3) Accept loans from banks or other financial institutions on customary terms

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to finance proper and usual activities of employees, such as home mortgage loans; and

(4) Accept unsolicited advertising or promotional material, such as pens, pencils, note pads, calendars, and other items of nominal intrinsic value.

(c) An employee shall not solicit a contribution from another employee for a gift to an official superior, make a donation as a gift to an official superior, or accept a gift from an employee receiving less pay than himself (5 U.S.C. 7351). However, this paragraph does not prohibit a voluntary gift of nominal value or donation in a nominal amount made on a special occasion such as marriage, illness, or retirement.

(d) An employee shall not accept a gift, present, decoration, or other thing from a foreign government unless authorized by Congress as provided by the Constitution and in 5 U.S.C. 7342.

(e) Neither this section nor § 300.73513 precludes an employee from receipt of bona fide reimbursement, unless prohibited by law, for expenses of travel and such other necessary subsistence as is compatible with this part for which no Government payment or reimbursement is made. However, this paragraph does not allow an employee to be reimbursed, or payment to be made on his behalf, for excessive personal living expenses, gifts, entertainment or other personal benefits, nor does it allow an employee to be reimbursed by a person for travel on official business under agency orders when reimbursement is proscribed by Decision B-128527 of the Comptroller General dated March 7, 1967.

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(a) An employee shall not engage in outside employment or other outside activity, including holding a State or local government office, not compatible with the full and proper discharge of the duties and responsibilities of his TVA employment. Incompatible activities include but are not limited to:

(1) Acceptance of a fee, compensation, gift, payment of expense, or any other thing of monetary value in circumstances in which acceptance may result in, or create the appearance of, conflicts of interest.

(2) Outside employment which tends to impair the employee's mental or physical capacity to perform his Government

duties and responsibilities in an acceptable manner.

(3) Outside employment which would conflict with or reduce the employee's effectiveness in his TVA job or adversely affect TVA's relations with the public.

(b) An employee may not accept outside consulting work without prior TVA approval. Employees who perform consulting work for others, do so in accord with concepts and policies followed by TVA as an agency in the particular subject-matter field. For purposes of this section, consulting work is that which involves primarily the provision of expert judgment and advice to others, as contrasted with direct work performance.

(c) (1) An employee may not receive any salary, or any contribution to or supplementation of salary, as compensation for his service as an employee from any source other than the Government of the United States, except as may be contributed out of the treasury of any State, county, or municipality (18 U.S.C. 209).

(2) The above provision does not prevent an employee from continuing to participate in a bona fide pension, retirement, group life, health or accident insurance, profit-sharing, stock bonus, or other employee welfare or benefit plan maintained by a former employer.

(d) Employees may engage in teaching, lecturing, and writing that is not prohibited by law, the Executive order, or the regulations in this part. However, an employee shall not, either for or without compensation, engage in teaching, lecturing, or writing, that is dependent on information obtained as a result of his Government employment, except when that information has been made available to the general public or will be made available on request, or when the General Manager, after obtaining prior concurrence of the Board, gives written authorization for the use of nonpublic information on the basis that the use is in the public interest.

(e) This section does not preclude an employee from:

(1) Participation in the activities of national or State political parties not proscribed by law or TVA policy.

(2) Participation in the affairs of or acceptance of an award for a meritorious public contribution or achievement given by a charitable, religious, professional, social, fraternal, nonprofit educational

and recreational, public service, or civic organization.

[33 F.R. 19168, Dec. 24, 1968]

§ 300.735-14

Financial interests.

(a) An employee shall not:

(1) Have a direct or indirect financial interest that conflicts substantially, or appears to conflict substantially, with his TVA duties and responsibilities; or

(2) Engage in, directly or indirectly, a financial transaction as a result of, or primarily relying on, information obtained through his TVA employment.

(b) This section does not preclude an employee from having a financial interest or engaging in financial transactions to the same extent as a private citizen not employed by TVA so long as it is not prohibited by law, the Executive order, or the regulations in this part. § 300.735-15

erty.

Use of Government prop.

An employee shall not directly or indirectly use, or allow the use of, Government property of any kind, including property leased to the Government, for other than officially approved activities An employee has a positive duty to protect and conserve Government property, including equipment, supplies, and other property entrusted or issued to him. § 300.735-16 Misuse of information.

For the purpose of furthering a private interest, an employee shall not, except as provided in § 300.735-13(d), directly or indirectly use, or allow the use of, official information obtained through or in connection with his TVA employment which has not been available to the general public.

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An employee shall pay each just financial obligation in a proper and timely manner, especially one imposed by law such as Federal, State, or local taxes. For the purpose of this section, a "just financial obligation" means one acknowledged by the employee or reduced to judgment by a court, and "in a proper and timely manner" means in a manner which TVA determines does not, under the circumstances, reflect adversely on TVA as his employer. In the event of a dispute between an employee and an alleged creditor, this section does not require TVA to determine the validity or amount of the disputed debt.

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