§ 3.8 Public information and submittals.

(a) Information concerning matters for which the Commission is responsible may be obtained in person at the headquarters office of the Commission and, to the extent available, at regional offices of the Bureau of Power. A public reference room is maintained in the Office of Public Information at Commission headquarters where assistance and reproduction facilities are available. More limited public facilities are maintained at the regional offices. Information also may be obtained by written request. All formal requests, filings and submittals should be addressed to the Federal Power Commission, Washington, D.C. 20426, except prescribed Power System Statements and Licensed Project Recreation Reports. The latter are to be submitted to regional offices of the Bureau of Power.

or

(b) The public may examine copies of public information filed with the Commission at its Office of Public Information during regular business hours (See § 1.1(b)). The Commission lets a competitive contract each year for the search and duplication of public documents, and a schedule of fees for such services is prescribed annually. Any person may obtain a copy of the schedule of fees in person, by telephone or by mail from the Office of Public Information. Copies of transcripts. electronic recordings, minutes of Commission meetings closed to public observation containing material non-exempt pursuant to § 1.3a of this chapter are available to the public at the actual cost of duplication or transcription. Where practical, copies of documents also may be made on self-service duplicating machines located in the Office of Public Information. Copies of data extracted from the Commission's magnetic tape computer files are available on a reimbursable basis, upon written request to the Office of Public Information. The fee varies with the size and complexity of the request. Where the Secretary determines that a waiver or reduction of fees is in the public interest, copies of documents may be furnished without charge or at a reduced fee. Except for requests from Government agencies, certification of copies of official Commission records shall be accompanied by a fee of $2.00 per document. Inquiries and orders may be made to the Office of the Secretary in person, by telephone or by mail.

(c) Stenographic reports of Commission hearings are made by a private contractor. Interested persons may obtain copies of public hearing transcripts from the contractor at prices set in the contract, or through the search and duplication service noted in paragraph (b) of this section. Copies of the contract are available for public inspection in the Office of Public Information.

(d) The Commission's opinions, decisions, orders and rulemakings are distributed in mimeograph form immediately following Commission action, and are available in the Office of Public Information or, upon request, by mail. Opinions. decisions, rules and regulations, and selected orders subsequently are bound and published as "Federal Power Commission Reports," and are available from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402.

(e) A "List of Formal Documents" issued by the Commission is published daily and available in the Office of Public information. A current subject index of major Commission actions since July 4, 1967, also is maintained in the Office of Public Information and is available for public inspection and copying (See § 1.36(e)).

(f) The Commission publishes an annual report to the Congress in which the Commission's operations during the past fiscal year are described. Copies may be obtained from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402.

(g) The Commission publishes a number of reports, decisions, maps, statistics and other information on the electric power and natural gas industries. These publications are available, in person or by mail from the Office of Public Information, or from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402.

(h) The Commission staff provides informal advice and assistance to the general public and to prospective applicants for licenses, certificates and other Commission authorizations. Opinions expressed by the staff do not represent the official views of the Commission, but are designed to aid the public and facilitate the accomplishment of the Commission's functions. Inquiries may be directed to the chief of the appropriate bureau, office or division described in § 3.4(d).

(i) The Commission issues news releases under the authority of sections 4(d), 307, 311, and 312 of the Federal Power Act and section 14(a) of the Natural Gas Act. Releases are issued on major applications, decisions, opinions, orders, rulemakings, new publications, major personnel changes, and other matters of general public interest. Releases are issued by and available from the Office of Public Information.

(j) Press, television, radio and photographic coverage of Commission proceedings is permitted as follows: (1) Press tables are located in each hearing room, and all sessions of hearings are open to the press, subject to standards of conduct applicable to all others present; (2) television, movie and still cameras and recording equipment are permitted in hearing rooms prior to the opening of a hearing or arguments, and during recesses, upon prior arrangement with the Commission or presiding administrative law judge. All equipment must be removed from the room before hearings begin or resume; (3) television, movie and still cameras and recording equipment may not be used while hearings and oral arguments are in progress; (4) television and press cameras and recording equipment may be used at FPC press conferences under prior arrangement with the Director of Public Information, provided their use does not interfere with the orderly conduct of the conference.

[Order No. 456, 42 FR 17450, Apr. 1, 1977] Subpart B-Course and Method of Operation

AUTHORITY. The provisions of this Subpart B issued under sec. 16, 62 Stat. 830, sec. 309, 49 Stat. 858, sec 3, 60 Stat. 238; 15 U.S.C. 7170, 16 U.S.C. 825h, 5 C.S.C. 552.

SOURCE: The provisions of this Subpart B contained in Order 351, 32 PR. 10064, July 8, 1967, unless otherwise noted.

(b) The rules and regulations of the Commission, published in the FEDERAL REGISTER and in Chapter I of Title 18 of the Code of Federal Regulations, set forth the Commission's formal and informal procedures, prescribed forms, and instructions as to the scope and content of all papers, reports, and examinations. All applications, complaints, declarations, petitions, pleadings, protests, reports, and other documents addressed to the Commission are, unless otherwise specifically provided, received in its offices at Washington, D.C. Such material goes to the appropriate Bureaus or Offices, described in Subpart A of this part. for study and recommendation to the Commission as set out in the subsequent sections of this subpart. Inquiries about the status of such material should be directed to the Office of the Secretary of the Commission or as may be otherwise provided ir. this subpart. The Commission or the staff may seek information by written inquiry, conference, telephone inquiry, field investigation, or hearing. § 3.101 Right to conference.

In any formal or informal proceeding. a party may request a conference for the submission and consideration of facts. arguments, offers of settlement, or proposals of adjustment where time. the nature of the proceeding, and the public interest permit.

Hearings are not required to be held in all of the Commission's proceedings. Where no hearing is held, the Commission acts on the basis of the material filed and the staff studies and recommendations thereon. (See also § 1.32 of this chapter.) The procedures for the possible use of joint boards and cooperation with State commissions pursuant to section 209 of the Federal Power Act and section 17 of the Natural Gas Act, are set forth in § 1.37 of this chapter. If a hearing is held under the Federal Power Act, section 308 thereof applies; if under the Natural Gas Act, section 15 thereof applies. In either case they are subject to the requirements of § 1.20 of this chapter. In general, the following procedure is followed: The time and place of hearings and the issues involved are stated in Commission orders or notices served on the participants and interested State agencies and published in the FEDERAL REGISTER. A prehearing conference procedure is provided by § 1.18 of this chap

ter. Provisions are also made in the rules concerning expert witnesses, stipulations, evidence, presiding officers, copies of transcripts, motions, and time requirements. Evidence may be offered and cross-examination conducted by any party to the proceeding and by staff counsel. Testimony and exhibits are given and prepared, and other assistance rendered staff counsel by the technical staff as may be required. Appeals from rulings of presiding officers during the course of proceedings may be made to the Commission in accordance with § 1.28 of this chapter. Briefs and oral arguments before presiding officers, and proposed findings and orders, are subject to 1.29 of this chapter The presiding officer's decision, exceptions thereto. briefs and oral arguments before the Commission, decisions by the Commission, and reopening of proceedings are governed by § 1.30 et seq. of this chapter Whether or not a hearing has been held, an application may be made for rehearing under section 313(a) of the Federal Power Act or section 19(a) of the Natural Gas Act, respectively, and the provisions of § 1.34 of this chapter. Such applications may be filed with respect to any final Commission order.

§ 3.104 Complaints; answers.

Section 306 of the Federal Power Act, section 13 of the Natural Gas Act, and §§ 1.6 and 1.9 of this chapter provide for complaints (and answers) by any person, State commission, State or municipality on account of any act done or omitted to be done by any licensee, public utility. or natural gas company.

utilities, licensees, and natural gas companies pursuant to sections 301 and 8, respectively, of the Federal Power and Natural Gas Acts is contained in Subchapters C and F of this Chapter. Before prescribing any rules or requirements as to accounts, records, or memoranda, the Commission notifies interested State commissions and affords reasonable opportunity for presentation of their views, pursuant to the Acts. Studies and examinations of the accounting practices of the companies are conducted by the OCA, with the participation of the OGC on the legal aspects thereof. After notice, a hearing may be held

| Order No. 351, 32 FR 10064, July 8, 1967, as amended by Order No. 564, 42 FR 17451, Apr. 1, 1977]

(a) Rules, regulations, and forms of account for depreciation are set forth in the Uniform System of Accounts referred to in § 3.106. Studies and recommendations concerning depreciation under the Acts are made by the OCA and OPA, with the participation of the OGC on the legal aspects thereof.

(b) Before prescribing any rules or requirements as to depreciation, the Commission notifies interested State commissions and affords reasonable opportunity for presentation of their views. [Order No. 351, 32 FR 10064, July 8, 1967, as amended by Order No. 564, 42 FR 17451, Apr. 1, 1977]

§ 3.108 Reports to the Commission.

The reports and forms prescribed by the Commission pursuant to the Federal Power Act are listed in §3.142; those prescribed under the Natural Gas Act are listed in § 3.170. Rules prescribing public use forms are submitted to the General Accounting Office for clearance as required by the Federal Reports Act of 1942, as amended.

[Order 528, 41 FR 3270, Jan. 22, 1976]
FUNCTIONS UNDER PART I OF THE FEDERAL
POWER ACT
Investigations.

§3.111

(a) Water power resources. Investigations under section 4(a) of the act concerning water power resources and their utilization, are initiated by the Commission upon its own motion, request of another governmental agency or complaint The staff work is performed by the PWR, with participation of the OGC on the legal aspects thereof. Such inves119

tigations may be conducted in cooperation with other governmental agencies. After notice, a hearing may be held.

(b) Jurisdiction. Investigations pursuant to section 4(g) of the act to determine Federal jurisdiction over water power projects which may require authorization under the act, are initiated by the Commission upon its own motion, request of another Federal agency. or complaint. The staff work is performed by the PWR with the participation of the OGC on the legal aspects thereof. Whenever it appears from such investigation that a license is required. the owner of the project may be so informed by the Secretary. If an application for license is not filed an order to snow cause therefor may be issued and a hearing held.

§3.112 Declaration of intention.

Notice of declarations of intention to construct a dam cr other project works, pursuant to section 23(b) of the Act, is given to interested public officials and state agencies. The declarations are referred to the PWR and to the OGC for studies to determine whether the interests of interstate or foreign commerce would be affected by the proposed construction. After notice, a hearing may be held.

§3.113 Preliminary permits.

Applications for preliminary permits to maintain priority of applications for license, under section 4(f) of the act are referred to the PWR and the OGC for studies and recommendations. Notice of an application filed by any person. association, or corporation is published in the FEDERAL REGISTER and in local newspapers in the vicinity of the proposed project and is given to States and municipalities likely to be affected, pursuant to section 4(f) of the act. After notice, a hearing may be held. §3.114 Licenses.

(a) Formal procedures relating to the following applications are set out in Parts 4, 5, 6, 16, and 131 of this chapter.

(b) Applications under the Federal Power Act for license authorizing construction of major projects; for license for constructed major projects; and for renewal of licenses for major projects are processed in the manner stated in §3.113, except that those for substantial alteration or surrender of licenses pursuant to section 6 of the Act may be acted on by the Commission after thirty (30)

days' public notice by publication once in local newspapers and in the FEDERAL REGISTER, and except that a hearing will be held on applications for license authorizing construction of major projects: for license for constructed major projects; for renewal of licenses for major projects; and for substantial alteration to licenses for major projects.

(c) Except for the notice requirement, all other applications under this Act are processed in a manner similar to that stated in § 3.113.

[Order 351, 32 FR 10064, July 8, 1967, as amended by Order 518, 39 FR 40942, Nov. 22, 1974; Order No. 564, 42 FR 17451, Apr. 1, 1977]

§ 3.115 Annual charges.

Petitions for adjustment of annual charges are referred to the Bureau of Power for study and recommendation. Petitions by State or municipal licensees for exemption pursuant to section 10(e) of the act (§§ 11.24 and 131.70 of this chapter) from payment of such charges are similarly referred to the PWR. Petitions of both types are referred to the OGC for legal study and recommendation. After notice, a hearing may be held.

§3.116 Cost or fair value determinations.

The licensee initiates proceedings for the determination of actual legitimate original cost or fair value of a licensed project by the filing of an initial statement of cost or value (Form No. 6) pursuant to the requirements of the license and the Commission's regulations. Such statement is referred to the OCA for audit and report, with participation by the OGC on the legal aspects thereof and. when appropriate, with participation by OPA and PWR. Such report is served on interested state and federal agencies. Protest thereto may be filed by the licensee. If a protest is filed, a hearing is held after notice. In the absence of protest, the Commission makes the determination upon the basis of the staff report and recommendations. The licensee is required to file thereafter a statement on Form No. 7 (§ 141.12 of this chapter) showing its compliance with the Commission determination.

[Order No. 351, 32 FR 10064, July 8, 1967, as amended by Order No. 564, 42 FR 17451, Apr. 1, 1977]

§3.117 Headwater benefits.

The Commission determines headwater benefits and payments therefor

under section 10 (f) of the Act and in accordance with the provisions of §§ 11.26 through 11.31 of this chapter. Agreements for headwater benefits payments involving non-Federal entities may be submitted to the Commission for approval in accordance with § 13.1 of this chapter. Public notice is given of propcsed Commission actions pertaining to headwater benefits matters.

[Order No. 564, 42 FR 17451, Apr. 1, 1977] §3.118 Restoration of Government lands.

Applications for restoration of Government lands withdrawn for power purposes under section 24 of the act are referred to the PWR and to the OGC for studies and recommendations. After notice, a hearing may be held. The Commission notifies the Secretary of the Interior of the determination made in accordance with section 24 of the act.

§3.119 Field inspections and revocation of permits and licenses by court action.

Compliance with the terms of licenses and with the approved plans in construction, operation, and maintenance of licensed projects, and with the terms of preliminary permits, is enforced by periodic inspections by the PWR, principally through the Regional Offices, or through designated Federal agencies. Apparent violations of such terms of plans, or of provisions of the act and regulations of the Commission, are reported to the Commission either by the staff or other agency or by complaint Reports and recommendations thereon by the PWR and the OGC are submitted to the Commission and attempts made through correspondence or field investigation to secure compliance by the permittees

or

licensees. If satisfactory adjustments are not made, orders to show cause are issued and served upon the permittees or licensees and interested State agencies and published in the FEDERAL REGISTER. After notice, hearings may be held and the matter referred to the Attorney General for institution of court proceedings pursuant to sections 13 and 26 of the act.

§3.120 Other matters.

Information concerning any function. form, or procedure of the Commission under Part I of the act, not described in §§ 3.111 to 3.119 inclusive, may be

In the course of the administration and enforcement of the requirements of Parts II and III of the act, persons own1ing or operating electric power facilities may initially be classified as to jurisdictional status under the terms of section 201 of the act. These classifications, which are tentative and not binding on the persons or the Commission, are made on the basis of data reported to the Commission by such persons, supplemented when necessary by staff investigation of the facilities and their operations. The technical phases of such work are performed by the Bureau of Power. In all instances, the OGC participates in the legal aspects of the work. If any person involved disagrees with the classification and refuses to comply with the requirements of the act in accordance therewith, a formal proceeding may be initiated to resolve the questions presented. The proceeding is initiated by Commission order served upon such person and interested State agencies and published in the FEDERAL REGISTER. After notice, a hearing is held. $ 3.132

Interconnection and coordination of facilities.

(a) To enhance the reliability of bulk power supply, to strengthen existing mechanisms and to establish new ones for coordination in the electric power industry, and to encourage comprehensive development of power resources of each area and region of the United States, national and regional investigations and power surveys are conducted pursuant to section 202(a) and reports thereon published and supplied to interested parties. These functions are performed by the PWR in cooperation with all segments of the electric power industry.

(b) Applications for orders directing the establishment of physical connection of transmission facilities or sale or exchange of electric energy pursuant to section 202(b) of the act are referred to the PWR and the OGC for studies and recommendations. Notice is given to each State commission and public utility affected and published in the FEDERAL REGISTER. After notice, a hearing may be held.