such temporary construction removed or otherwise disposed of, upon the termination of the emergency, unless application is made as hereinafter provided for permanent connection for emergency use.

§ 32.22 Application for permanent connection for emergency use; contents; form and style; number of copies. Application for Commission approval of a permanent connection for emergency use only shall conform with the requirements of §§ 32.1 to 32.4, inclusive, and, in addition, shall state in full the reasons why such permanent connection for emergency use is necessary in the public interest.

[Order 141, 12 F.R. 8494, Dec. 19, 1947, as amended by Order 342, 32 F.R. 6622, Apr. 29, 1967]

§ 32.23 Reports of emergency use of permanent connections.

Where the Commission has authorized permanent connection for emergency use only, weekly reports shall be made to the Commission of any emergency use of such facilities showing:

(a) The location of each interconnection in service.

(b) The date such use commenced and ended.

(c) Full facts and details making the use of the interconnection necessary.

(d) The amount of electrical energy received and transmitted over each interconnection during each day of the week, and the consideration received or paid therefor.

(e) What steps have been taken or are being taken to relieve the condition that made the emergency use of the connection necessary. APPLICATION FOR TRANSMIT ELECTRIC ENERGY TO A FOREIGN COUNTRY

AUTHORIZATION

§ 32.30 Who shall apply.

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(a) The owner of a source of supply of electric energy who proposes to transmit any portion of such energy from the United States to a foreign country or who has entered or proposes to enter into a contract for the sale of electric energy to be so transmitted, and the transmitter thereof, are necessary parties to an application for the authorization sought under this rule.

99-137-69

(b) In connection with applications under §§ 32.30 to 32.38, inclusive, attention is directed to the provisions of §§ 32.50 to 32.52, inclusive, relative to applications for Presidential permits for the construction, operation, maintenance, or connection, at the borders of the United States, of facilities for the transmission of electric energy between the United States and a foreign country in compliance with Executive Order No. 8202, dated July 13, 1939.

NOTE: Executive Order No. 8202 was revoked and superseded by Executive Order No. 10485, Sept. 3, 1953, 18 F.R. 5397, 3 CFR, 1949-1953 Comp., p. 970.

Each application shall be made at least 30 days in advance of the proposed transmission, except where otherwise ordered by the Commission for good cause shown, and the original application shall be signed and verified under oath by an executive officer or officers of the applicant or applicants having knowledge of the matters therein set forth.

§ 32.32 Contents of application.

Every application shall set forth in the order indicated the following:

(a) The exact legal name of the applicant.

(b) The name, title, and post-office address of the person to whom correspondence in regard to the application shall be addressed.

(c) The State or Territory under the laws of which the applicant was organized. If incorporated under the laws of, or authorized to operate in more than one State, all pertinent facts should be included.

(d) The name of the purchaser of the energy, its proposed use in the foreign country, and the rates proposed to be charged to the foreign purchaser together with rates charged by the applicant for similar service if rendered in the United States.

(e) A statement of the source, amount, and nature of the energy to be so transmitted, the point of delivery, voltage, phase, and frequency, and the facilities to be used both in the generation and transmission of such energy.

(f) The amount of electric energy transmitted into the United States from

a foreign country by the applicant, its source and nature, how and where it is used, and the rates paid for such energy.

(g) Statement of the reasons why the proposed transmission would not impair the sufficiency of electric supply within the United States and would not impede or tend to impede the coordination in the public interest of facilities subject to the jurisdiction of the Commission.

§ 32.33 Required exhibits.

There shall be filed with the application and as a part thereof the following exhibits:

Exhibit A. Copy of agreement under which the energy is to be transmitted and all other written instruments pertaining thereto. (Every agreement entered into in the future shall contain a provision that in case of war or other emergency, as provided in section 202 of the act, the same is terminable upon the order of the Commission.)

Exhibit B. A showing, including signed opinion of counsel, that such transmission of energy is within the corporate powers of the applicant, and that the applicant has complied with State laws.

Exhibit C. A general or key map on a scale not greater than 20 miles to the inch, showing the location of the facilities used for the generation and transmission of electric energy to be transmitted. Whenever possible, this map should not be over 30 inches in its largest dimension. The map should indicate with particularity the facilities owned by the owner of the source of supply and those owned by the transmitter of the electric energy.

Exhibit D. Where an applicant resides or has its principal office without the United States, such applicant shall designate by irrevocable power of attorney an agent residing within the United States upon whom service of notice and process with respect to transmission of electric energy may be had; copies of such power of attorney shall be furnished, one of which shall be verified.

Exhibit E. Photostatic, or certified copy of articles of incorporation and bylaws of applicant company.

Exhibit F. A detailed statement of the financial and corporate relationship existing between applicant and any other person or corporation.

Any exhibit required by this section already on file with the Commission may be incorporated by reference.

(a) Authorization to transmit electric energy from the United States to a foreign country granted by order of the Commission under §§ 32.30 to 32.38, inclusive, pursuant to section 202(e) of the Federal Power Act shall not be transferable or assignable. The Commission order granting the authorization may, however, provide that the authorization shall continue in effect temporarily for a reasonable time thereafter in the event of the involuntary transfer of facilities used thereunder by operation of law (including such transfers to receivers, trustees, or purchasers under foreclosure or judicial sale) pending the making of an application for permanent authorization and decision thereon, provided notice is promptly given in writing to the Commission accompanied by a statement that the physical facts relating to sufficiency of supply, rates, and nature of use remain substantially the same as before the transfer and as stated in the initial application for such authorization.

(b) The Commission may also, at any time subsequent to the original order of authorization, from time to time, after opportunity for hearing, make such supplemental orders in the premises as it may find necessary or appropriate. § 32.36

Authorization not exclusive.

No authorization granted pursuant to section 202(e) of the act shall be deemed to prevent authorization being granted to any other person to transmit electric energy for the same use, or to prevent any other person from making application for such authorization.

§ 32.37 Form and style; number of copies.

An original and six conformed copies of an application under §§ 32.30 through 32.37 must be filed and must conform, in all other respects, to the requirements of §§ 1.15 through 1.17 of this chapter. [Order 342, 32 F.R. 6622, Apr. 29, 1967]

§ 32.38 Filing rate schedules and annual reports.

Persons authorized to transmit electric energy from the United States shall file all rate schedules, supplements, notices of succession in ownership or operation, notices of cancellation, and certificates of concurrence with respect to such energy in the form and manner specified in the provisions of §§ 35.1 to 35.16, inclusive, of this chapter. [Order 271, 28 F.R. 11404, Oct. 24, 1963] APPLICATION FOR CONSTRUCTION, OPERATION, MAINTENANCE, OR CONNECTION AT INTERNATIONAL BOUNDARY, OF FACILITIES FOR TRANSMISSION OF ELECTRIC ENERGY § 32.50 Who shall apply.

(a) Any person, firm, or corporation contemplating the construction of, or who is operating or maintaining facilities at the borders of the United States, for the transmission of electric energy between the United States and a foreign country, shall file with the Commission an original and eight conformed copies of an application for a Presidential permit, in compliance with Executive Order No. 10485, dated September 3, 1953 (3 CFR, 1949-53 Comp., p. 970).

NOTE: Executive Order No. 8202 was revoked and superseded by Executive Order No. 10485, Sept. 3, 1953, 18 FR. 5397, 3 CFR, 1949-1953 Comp., p. 970.

(b) In connection with applications hereunder, attention is directed to the provisions of §§ 32.30 to 32.38, relative to applications for authorization to transmit electric energy from the United States to a foreign country under section 202(e) of the Federal Power Act.

[Order 141, 12 F.R. 8494, Dec. 19, 1947, as amended by Order 342, 32 F.R. 6622, Apr. 29, 1967]

§ 32.51 Contents of application.

Every application shall set forth in the order indicated, the following:

(a) Information regarding applicant: (1) The exact legal name of applicant;

(2) The name, title, and post office address of the person to whom correspondence in regard to the application shall be addressed;

(3) If applicant is a corporation: Copy of articles of incorporation and by-laws;

the amount and classes of capital stock; nationality of officers, directors and stockholders and the amount and class of stock held by each;

(4) Is applicant company, or its transmission lines, owned wholly or in part by any foreign government or directly. or indirectly subventioned by any foreign government; or, has applicant company any understanding for such ownership by or subvention from any foreign government? If so, give full details;

(b) A general or key map on a scale not greater than 20 miles to the inch, showing the physical location and giving a full description of the facilities employed, or to be employed in the transmission of electric energy between the United States and a foreign country. The map should indicate with particularity the ownership of the facilities at or on each side of the border between United States and the foreign country.

(c) Statement describing every existing contract that applicant has with a foreign government, or private concerns, which in any way relate to the control or fixing of rates for the purchase, sale or transmission of electric energy and which may serve in any way to restrict or prevent competing American companies from extending their activities; also, attach certified copies of such contracts;

(d) Copies of every landing license, or permit, which has been granted applicant, or any predecessor, by a foreign government or by any of its agencies, in connection with the transmission of electric energy between the United States and a foreign country.

AUTHORITY: The provisions of this Part 33 issued under secs. 19, 20, 203, 204, 208, 308, 309, 41 Stat. 1073, 49 Stat. 849, 850, 853, 858; 16 U.S.C. 812, 813, 824b, 824c, 825g, 825h.

SOURCE: The provisions of this Part 33 contained in Order 141, 12 F.R. 8495, Dec. 19, 1947, unless otherwise noted.

CROSS REFERENCES: For rules of practice and procedure, see Part 1 of this chapter. For forms under rules of practice and regulations, Federal Power Act, see Part 131 of this chapter.

§ 33.1 Applicability.

The requirements of this part will apply to public utilities seeking authority under section 203 of the Federal Power Act. This authority extends to

(a) The disposition by sale, lease or otherwise by a public utility of the whole of its electric facilities subject to Commission jurisdiction of any part thereof of a value in excess of $50,000.

(b) The merger or consolidation, directly or indirectly of the facilities of a public utility with those of any other person having a value in excess of $50,000. This includes the acquisition by a public utility of the electric facilities of any other person whether or not such person is otherwise subject to the provisions of Part II of the Federal Power Act (including municipalities and companies not engaged in the interstate transmission or sale of electric energy).

(c) The purchase, acquisition or taking by a public utility of any security of any other public utility.

[Order No. 266, 28 F.R. 2900, Mar. 23, 1963] § 33.2 Contents of application.

Each such applicant shall set forth in its application to the Commission, in the manner and form and in the order indicated, the following information which should, insofar as possible, be furnished as to said applicant and each company whose facilities or securities are involved:

(a) The exact name and the address of the principal business office.

(b) The State or other sovereign power under which incorporated, the respective dates of incorporation, and the States in which domesticated.

(c) Name and address of the person authorized to receive notices and communications in respect to application.

(d) The names, titles, and addresses of the principal officers.

(e) A description of the general character of the business done and to be done, together with a designation of the territories served, by counties and States.

(f) A general statement briefly describing the facilities owned or operated for transmission of electric energy in interstate commerce or the sale of electric energy at wholesale in interstate commerce.

(g) A brief reference to any license from the Federal Power Commission.

(h) A statement as of the date of the balance sheet submitted with application showing for each class and series of capital stock:

(1) Brief description.

(2) The amount authorized (face value and number of shares).

(3) The amount outstanding (exclusive of any amount held in the treasury). (4) Amount held as reacquired securities.

(5) Amount pledged.

(6) Amount owned by affiliated corporations.

(7) Amount held in any fund.

(1) A statement as of the date of the balance sheet submitted with application showing for each class and series of funded debt:

(1) Brief description.

(2) The amount authorized.

(3) The amount outstanding (exclusive of any amount held in the treasury). (4) Amount held as reacquired securities.

(5) Amount pledged.

(6) Amount owned by affiliated corporations.

(7) Amount in sinking and other funds.

(j) Whether the application is for disposition of facilities by sale, lease, or otherwise, a merger or consolidation of facilities, or for purchase or acquisition

of securities of a public utility, also a description of the consideration, if any, and the method of arriving at the amount thereof.

(k) A statement of facilities to be disposed of, consolidated, or merged, giving a description of their present use and of their proposed use after disposition, consolidation, or merger. State whether the proposed disposition of facilities or plan for consolidation or merger includes all the operating facilities of the parties to the transaction.

(1) A statement (in conformity with § 131.41 of this chapter) of the cost of the facilities involved in the sale, lease, or other disposition or merger or consolidation. If original cost is not known, an estimate of original cost based, insofar as possible, upon records or data of the applicant or its predecessors must be furnished, together with a full explanation of the manner in which such estimate has been made, and a description and statement of the present custody of all existing pertinent data and records.

(m) A statement as to the effect of the proposed transaction upon any contract for the purchase, sale, or interchange of electric energy.

(n) Names and addresses of counsel who have passed upon the legality of the proposed sale, lease or other disposition of facilities, or merger or consolidation of facilities, or purchase or acquisition of securities of a public utility, and names and addresses of any firms of which they, or any of them, are members.

(0) A statement as to whether or not any application with respect to the transaction or any part thereof is required to be filed with any other Federal or State regulatory body.

(p) The facts relied upon by applicants to show that the proposed disposition, merger, or consolidation of facilities or acquisition of securities will be consistent with the public interest.

(q) A brief statement of franchises held, showing date of expiration if not perpetual.

[Order 141, 12 F.R. 8495, Dec. 19, 1947, as amended by Order 149, 14 F.R. 4496, July 19, 1949; 14 F.R. 4668, July 27, 1949]

§ 33.3 Required exhibits.

There shall be filed with the application as part thereof one certified copy and five uncertified copies of exhibits A,

B, C, and D, and one certified copy and five uncertified copies plus one for each State affected of exhibits E, F, G, H, I, J, K, L, and M, described as follows:

Exhibt A. A copy of the charter or articles of incorporation with amendments to date. Exhibit B. A copy of the by-laws with amendments to date.

Exhibit C. Copies of all resolutions of directors authorizing the proposed disposition, merger, or consolidation of facilities, or acquisition of securities, in respect to which the application is made, and, if approval of stockholders has been obtained, copies of the resolutions of the stockholders should also be furnished.

Exhibit D. Copies of all mortgages, trusts, deeds, or indentures, securing any obligation of each party to the transaction. Exhibit E. A signed copy of opinion of counsel in respect to legality of the proposed transaction.

Exhibit F. A statement of the measure of control or ownership exercised by or over each party to the transaction as to any public utility, or bank, trust company, banking association, or firm that is authorized by law to underwrite or participate in the marketing of securities of a public utility, or any company supplying electric equipment to such party. Where there are any intercorporate relationships through holding companies, ownership of securities or otherwise, the nature and extent of such relationship; also state whether any of the parties to the transaction have officers or directors in common. If not a member of any holding company system, include a statement to that effect.

Exhibit G. Balance sheets with supporting fixed capital or plant schedules in conformity with §§ 131.40 and 131.41 of this chapter.

Exhibit H. A statement of all known contingent liabilities except minor items such as damage claims and similar items involving relatively small amounts, as of the date of the application.

Exhibit I. Comparative income statements in conformity with § 131.42 of this chapter. Exhibit J. An analysis of surplus for the period covered by the income statements referred to in exhibit I.

Exhibit K. A copy of each application and exhibit filed with any other Federal or State regulatory body in connection with the proposed transaction, and if action has been taken thereon, a certified copy of each order relating thereto.

Exhibit L. A copy of all contracts in respect to the sale, lease, or other proposed disposition, merger or consolidation of facilities, or purchase of securities, as the case may be, together with copies of all other written instruments entered into or proposed