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Organization; operation; information and requests; ethical standards.

SUBCHAPTER B-REGULATIONS UNDER THE FEDERAL POWER ACT

Application for amendment of license.

Surrender or termination of license.

Recreational opportunities and development at licensed projects.

Inspection of project works with respect to safety of structures.

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Licenses, permits, and determination of project costs.

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Transfer of license or lease of project property.

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Settlements involving headwater benefits.

Application for license for project under license which expires on specified date.

Authorization of the issuance of securities by licensees and companies subject to sections 19 and 20 of the Federal Power Act.

Declaration of intention.

Application for vacation of withdrawal and for determination permitting restoration to entry.

Interconnection of facilities; emergencies; transmission to foreign country. Application for sale, lease, or other disposition, merger or consolidation of facilities, or for purchase or acquisition of securities of a public utility. Application for authorization of the issuance of securities or the assumption of liabilities.

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Filing of rate schedules.

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Accounts, records, and memoranda.

Application for authority to hold interlocking positions.

SUBCHAPTER C-ACCOUNTS, FEDERAL POWER ACT

101 Uniform system of accounts prescribed for Class A and Class B public utilities and licensees.

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Accounts, records, and memoranda.

Fees for certain applications filed pursuant to the Natural Gas Act.

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260 Statements and reports (schedules).

ABBREVIATIONS: The following abbreviations are used in this chapter:

M.c.f. Thousand cubic feet. B.t.u. British thermal units. ICC=Interstate Com-
merce Commission.

SUBCHAPTER A-GENERAL RULES

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1.30 Decisions.

1.31 Exceptions to intermediate decisions, briefs; briefs and oral arguments before the Commission.

1.32 Shortened procedures.

1.33 Reopening proceedings.

1.34 Application for rehearing.

1.35 Reports of compliance.

1.36 Public information and requests.

1.37 Cooperative procedure with State commissions.

1.50 Form of notice of appearance. 1.51 Certificate of service.

AUTHORITY: The provisions of this Part 1 Issued under secs. 15, 16, 52 Stat. 829, 830, secs. 213, 309, 49 Stat. 858; 15 U.S.C. 717n, 7170, 16 U.S.C. 825g, 825h, unless otherwise noted.

§1.1 The Commission.

(a) Seal and offices-(1) Official seal. In order that the official seal of the Federal Power Commission will more fully

reflect current functions, the Commission hereby prescribes as its official seal, of which judicial notice shall be taken pursuant to section 1 of the Federal Power Act (41 Stat. 1063; 16 U.S.C. 792), the imprint illustrated below and described as follows: Within an ovalshaped ring bearing the words "Federal Power Commission" are: (i) A displayed eagle with head turned to the right representative of the Government of the United States of America. The eagle is holding a fasces with its blade dexter-wise, symbolic of the authority vested in the Commission

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by the Congress. (ii) A crest composed of five stars representing the five members of the Commission appointed by the President to administer the Federal Power Act and the Natural Gas Act. (iii) A shield upon the breast of the eagle displaying a bolt of lightning sinisterwise complemented by two gas flames representing the Commission's regulatory authority in the fields of electric energy and natural gas. (iv) Three stars displayed below the fasces representing the Commission as originally established by the Federal Water Power Act of 1920. The seal herein prescribed shall be used effective January 1, 1957, and it shall supersede the seal adopted by the Commission on June 28, 1920.

(2) Offices. The principal office of the Commission is at Washington, D.C. All communications to the Commission shall be addressed to Federal Power Commission, Washington 25, D.C., unless otherwise specifically directed. Regional offices are maintained at Atlanta, Chicago, Fort Worth, New York, and San Francisco.

(b) Hours. The offices of the Commission will be open from 8:30 a.m. to 5:00 p.m. of each week-day except Saturday, unless otherwise provided by statute or Executive order.

(c) Sessions. The Commission meets and exercises its powers in any part of the United States.

(1) Public. Public sessions of the Commission will be held after due notice as ordered by the Commission.

(2) General. General sessions of the Commission for the transaction of its business will be held at the principal office of the Commission at Washington, D.C., on regular business days as scheduled by the Commission.

(3) Special. Special sessions of the Commission for consultation, or for the transaction of business, may be held at any time and place as may be scheduled by the Commission.

(d) Quorum. Three members of the Commission constitute a quorum for the transaction of business.

(e) Action by members or representatives. The Commission may, by one or more of its members especially authorized, or by such other representatives as it may designate and authorize, conduct in any part of the United States any inquiry, investigation, hearing or other process necessary to its duties and functions.

(f) Definitions. As used in this part, except as otherwise required by the context:

(1) "Person" means and shall include individuals, partnerships, corporations, associations, joint stock companies, public trusts, organized groups of persons, whether incorporated or not, receivers or trustees of the foregoing, municipalities, including cities, counties, or other political subdivisions of a State, States of the Union, including the District of Columbia or any territory of the United States, or any agency, authority or instrumentality of the United States, or of any one or more of the foregoing, or any corporation which is wholly owned directly or indirectly, by the United States, or by any one or more of the fore

going, or any officer, agent, or employee of any of the foregoing acting as such in the course of his official duty.

(2) "Participant" means and shall include any party, any person admitted by the Commission to limited participation in a proceeding, and staff counsel.

(3) "Commission" and "Commissioner" means the Federal Power Commission, and a member thereof, respectively.

(4) "Secretary" means and shall include the Secretary, the Acting Secretary, or the Office of the Secretary of the Commission.

(5) "State Commission" means and shall include the regulatory body of any State or municipality having jurisdiction to regulate rates and charges for the sale of electric energy or natural gas to consumers within the State or municipality.

(6) "Presiding Officer" means and shall include any one or more of the members of the Commission duly designated, but not including the Commission when sitting as such, or one or more trial examiners appointed according to law and duly designated, to preside at hearings or conferences, or other officers specially provided for and designated pursuant to statute to conduct specified classes of proceedings.

(7) "Attorney" means and shall include any attorney admitted to practice before the Supreme Court of the United States, or the highest court of any State or Territory of the United States, or the United States Court of Appeals for the District of Columbia, or the District Court of the United States for the District of Columbia, or any other person with the requisite qualifications to represent others, who acts in a representative capacity for any party or participant to a proceeding before the Commission.

(8) "Applicants." In proceedings involving applications for permission or authorization which the Commission may give under statutory or other authority delegated to it, the parties on whose behalf the applications are made are styled applicants.

(9) "Declarants." In proceedings involving declarations of intention filed under the provisions of section 23(b) of the Federal Power Act, the parties on whose behalf the declarations are made are styled declarants. (See Part 24 of this chapter.)

(10) "Complainants." Persons who complain to the Commission of anything done or omitted to be done in contraven

tion or violation of the provisions of any statute or other delegated authority administered by the Commission, or of any orders, rules, or regulations issued or promulgated thereunder, or any other alleged wrong over which the Commission may have jurisdiction, are styled complainants.

(11) "Petitioners." Persons seeking relief, not otherwise designated in this section, are styled petitioners.

(12) "Defendants." Persons subject to any statute or other delegated authority administered by the Commission, or any orders, rules, or regulations issued or promulgated thereunder, against whom any complaint is filed, are styled defendants.

(13) "Interveners." Persons petitioning to intervene as provided by § 1.8, when admitted as a participant to a proceeding, and State Commissions giving notice of intervention as provided in said section, are styled interveners. Admission as an intervener shall not be construed as recognition by the Commission that such intervener might be aggrieved by any order of the Commission in such proceeding.

(14) "Protestants." Persons objecting on the ground of private or public interest to the approval of an application, petition, motion or other matter which the Commission may have under consideration, are styled protestants. Protestants desiring to become interveners in any proceeding before the Commission may file a petition for intervention as provided by § 1.8.

(15) "Respondents." Persons subject to any statute or other delegated authority administered by the Commission, to whom an order or notice is issued by the Commission instituting a proceeding or investigation on its own initiative, are styled respondents.

(16) "Staff Counsel" means and shall include the counsel of the Commission participating in a proceeding before the Commission.

For

(17) "Filings and submittals." the purpose of this paragraph and § 1.36, filings and submittals include the following: (i) Applications, declarations, complaints, petitions, and other papers seeking Commission action; (ii) financial and statistical and other reports to the Commission, power system statements, statements of claimed cost of licensed projects, original cost and reclassification studies, proposed accounting entries, certificates of notification (under section

204 (e) of the Federal Power Act), rates or rate schedules and related data and concurrences, and other filings and submittals to the Commission in compliance with the requirement of any statute, executive order, or Commission rule, regulation, order, license, or permit; (iii) all answers, replies, responses, objections, protests, motions, stipulations, exceptions, other pleadings, notices, depositions, certificates, proofs of service, transcripts of oral arguments, and briefs in any matter or proceeding; (iv) all exhibits, attachments and appendices to, amendments and corrections of, supplements to, or transmittals or withdrawals of, any of the foregoing.

(18) "Matter or proceeding." For the purpose of this paragraph and § 1.36, matter or proceeding means the Commission's elucidation of the relevant facts and applicable law, consideration thereof, and action thereupon with respect to a particular subject within the Commission's jurisdiction, initiated by a filing or submittal or a Commission notice or order.

(19) "Formal record." For the purpose of this paragraph and § 1.36, the formal record includes in addition to all the filings and submittals in a matter or proceeding, any notice or Commission order initiating the matter or proceeding, and, if a hearing is held, the following: the designation of the presiding officer, transcript of hearing, all exhibits received in evidence, all exhibits offered but not received in evidence, offers of proof, motions, stipulation, subpenas, proofs of service, references to the Commission, and determinations made by the Commission thereon, certifications to the Commission, and anything else upon which action of the presiding officer or the Commission may be based; it does not include any proposed testimony or exhibits not offered or received in evidence.

(20) "Staff papers." For the purpose of this paragraph and § 1.36 staff papers include the Commission staff's working notes, papers, records, memoranda, and correspondence, except: any such papers, not relating to a proposed settlement or to an application, permission, filing, or submittal under § 35.13 or § 154.66 of this chapter, which are intended for the Commission's consideration and within the terms of § 1.36 (c) (4) and subparagraph (21) of this paragraph, because received by the Commission in a matter or proceeding after hearing has

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