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Part 2-General Policy and Interpretations

STATEMENTS OF GENERAL POLICY AND INTERPRETATIONS UNDER THE
FEDERAL POWER ACT

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1.15 Formal requirements as to pleadings, documents and other papers filed in proceedings.

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1.28 Appeals to Commission from rulings of presiding officers.

1.29 Briefs and oral arguments before presiding officers and proposed findings and orders.

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

1.32 Shortened procedures.

1.33 Reopening proceedings. 1.34 Application for rehearing. 1.35 Reports of compliance.

1.36 Public information.

1.37 Cooperative procedure with State commissions.

AUTHORITY: §§ 1.1 to 1.37 issued under sec. 309, 49 Stat. 858, sec. 16, 52 Stat. 830; 16 U. S. C. 825h, 15 U. S. C. 7170. Interpret or apply sec. 213, 49 Stat. 858, sec. 15, 52 Stat. 829; 16 U. S. C. 825g, 15 U. S. C. 717n. Other statutory provisions interpreted or applied are cited to text in parentheses.

SOURCE: 88 1.1 to 1.37, inclusive, contained in Order 141, 12 F. R. 8471, except as noted following sections affected.

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1.1 The Commission 1

(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 oval-shaped 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 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 sinister-wise 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.

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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.

[Former paragraph (a) redesignated as subparagraph (2) and subparagraph (1) added by Order 194-A, 21 F. R. 10335, Dec. 27, 1956]

(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

1 A statement of the Commission's organization, published pursuant to section 3 (a) (1) of the Administrative Procedure Act, 60 Stat. 238, is contained in 11 F. R. 487 (Revised by Order No. 157, 16 F. R. 137 and Administrative Order No. 36, 20 F. R. 870) and in summary form in the United States Government Organization Manual, published by the Division of the Federal Register, the National Archives. The statement of the Commission's course and method of operation, published pursuant to section 3 (a) (2) of the Administrative Procedure Act is contained in 11 F. R. 489. Amendments to these statements of organization and course and method of operation are published in the Notices section of the Federal Register.

otherwise specifically directed. Regional offices are maintained at Atlanta, Chicago, Fort Worth, New York, and San Francisco.

(b) Hours. The offices of the Commision 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 foregoing, 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.

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[Subparagraph (4) amended by Order 175, 19 F. R. 5213, Aug. 18, 1954]

(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 hear'ings 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 application 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 the Regulations under the Federal Power Act.)

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

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