pursuant to this section the thirty-day notice period provided in section 4(d) of the Natural Gas Act and section 205(d) of the Federal Power Act shall begin to run if and when the Commission grants the request. Such petition shall set forth the purpose of, and the facts claimed to constitute the grounds requiring, such rule, amendment, waiver, or repeal, and shall conform to the requirements of §§ 1.15 and 1.16. Petitions for the issuance or amendment of a rule shall incorporate the proposed rule or amendment.

Petitions

(c) For declaratory orders. for the issuance, in the discretion of the Commission, of a declaratory order to terminate a controversy or remove uncertainty, shall state clearly and concisely the controversy or uncertainty which is the subject of the petition, shall cite the statutory provision or other authority involved, shall include a complete statement of the facts and grounds prompting the petition, together with a full disclosure of petitioner's interest, and shall conform to the requirements of §§ 1.15 and 1.16.

(d) Appeals from actions of the staff. Actions taken pursuant to authority delegated by the Commission may be appealed to the Commission by filing a petition within 15 days after such action. Answers to such petitions may be filed by any party or staff counsel within 10 days after the date of service thereof. Such petitions or answers shall conform to the requirements of §§ 1.15 through 1.17.

or

(e) Submittal of Public suggestions, comments, or proposals on prospective regulatory policy issues and problems. Pursuant to the policy set forth in § 2.1a of this Subchapter A, a petition submitting suggestions, comments, proposals with respect to substantial prospective regulatory issues and problems facing the Commission may be filed by any person with respect to matters within the Commission's authority. The petition shall indicate the basis for belief that a future issue or problem exists or may arise and may, but not necessarily, propose specific Commission action to meet that issue or problem. A petition may not be filed pursuant to this section which advocates ex parte before the Commission a position of that party in a proceeding pending at the Commission and will be rejected therefor. Such peti

(a) Initiation of intervention. Participation in a proceeding as an intervener may be initiated as follows:

(1) By the filing of a notice of intervention by a State Commission, including any regulatory body of the State or municipality having jurisdiction to regulate rates and charges for the sale of electric energy, or natural gas, as the case may be, to consumers within the Intervening State or municipality.

(2) By order of the Commission upon petition to intervene.

(b) Who may petition. A petition to intervene may be filed by any person claiming a right to intervene or an interest of such nature that intervention is necessary or appropriate to the administration of the statute under which the proceeding is brought. Such right or interest may be:

(1) A right conferred by statute of the United States;

(2) An interest which may be directly affected and which is not adequately represented by existing parties and as to which petitioners may be bound by the Commission's action in the proceeding (the following may have such an interest: Consumers served by the applicant, defendant, or respondent; holders of securities of the applicant, defendant, or respondent; and competitors of the applicant, defendant, or respondent).

(3) Any other interest of such nature that petitioner's participation may be in the public interest.

(c) Form and contents of petitions. Petitions to intervene shall set out clearly and concisely the facts from which the nature of the petitioner's alleged right or interest can be determined, the grounds of the proposed intervention, and the position of the petitioner in the proceeding, so as fully and completely to advise the parties and the Commission as to the specific issues of fact or law to be raised or controverted, by admitting, denying or otherwise answering, specifically and in detail, each material allegation of fact or law asserted in the proceeding, and citing by

appropriate reference the statutory provisions or other authority relied on: Provided, That where the purpose of the proposed intervention is to obtain an allocation of natural gas for sale and distribution by a person or municipality engaged or legally authorized to engage in the local distribution of natural or artificial gas to the public, the petition shall comply with the requirements of Part 156 of this chapter (i.e., Regulations Under the Natural Gas Act). Such petitions shall in other respects comply with the requirements of §§ 1.15 to 1.17, inclusive.

(d) Filing and service of petitions. Petitions to intervene and notices of intervention may be filed at any time following the filing of a notice of rate or tariff change, or of an application, petition, complaint, or other document seeking Commission action, but in no event later than the date fixed for the filing of petitions to intervene in any order or notice with respect to the proceedings issued by the Commission or its Secretary, unless, in extraordinary circumstances for good cause shown, the Commission authorizes a late filing. Service shall be made as provided in 1.17. Where a person has been permitted to intervene notwithstanding his failure to file his petition within the time prescribed in this paragraph, the Commission or officer designated to preside may, where the circumstances warrant, permit the waiver of the requirements of § 1.26 (c) (5) with respect to copies of exhibits for such intervener.

(e) Answers to petitions. Any party to the proceeding or staff counsel may file an answer to a petition to intervene, and in default thereof, may be deemed to have waived any objection to the granting of such petition. If made, answers shall be filed within 15 days after the date of service or the petition, but not later than 5 days prior to the date set for the commencement of the hearing, if any, unless for cause the Commission with or without motion shall prescribe a different time. They shall in all other respects conform to the requirements of §§ 1.15 to 1.17, inclusive.

(f) Notice and action on petitions— (1) Notice and service. Petitions to intervene, when tendered to the Commission for filing, shall show service thereof upon all participants to the proceeding in conformity with § 1.17(b).

(2) Action on petitions. As soon as practicable after the expiration of the time for filing answers to such petitions or default thereof, as provided in paragraph (e) of this section, the Commission will grant or deny such petition in whole or in part or may, if found to be appropriate, authorize limited participation. No petitions to intervene may be filed or will be acted upon during a hearing unless permitted by the Commission after opportunity for all parties to object thereto. Only to avoid detriment to the public interest will any presiding officer tentatively permit participation in a hearing in advance of, and then only subject to, the granting by the Commission of a petition to inter

vene.

(g) Limitation in hearings. Where there are two or more interveners having substantially like interests and positions, the Commission or presiding officer may, in order to expedite the hearing, arrange appropriate limitations on the number of attorneys who will be permitted to cross-examine and make and argue motions and objections on behalf of such interveners.

(Sec. 7, 56 Stat. 83; 16 U.S.C. 7177) [Order 141, 12 F.R. 8474, Dec. 19, 1947, as amended by Order 217, 24 FR. 9471, Nov. 25, 1959; Order 251, 27 FR 5767, June 19, 1962; Order 444-A, 39 FR 12731, Apr. 8, 1974]

(a) Answers to complaints and petitions. Answers to complaints and petitions, other than petitions to intervene and petitions of appeal from delegated actions of the staff, shall be filed with the Commission within 30 days after the date of service, unless for cause the Commission with or without motion shall prescribe a different time, but in no case shall answer be required in less than 10 days after the date of service. Any defendant failing to file answer within such period shall be deemed in default, and all relevant basic facts stated in such complaint or petition may be deemed admitted. All answers shall be in writing and under oath, and so drawn as fully and completely to advise the parties and the Commission as to the nature of the defense. They shall admit or deny specifically and in detail each material allegation of the pleading answered, and state clearly and concisely the facts and matters of law relied upon.

They shall conform to the requirements of §§ 1.15 to 1.17, inclusive.

(b) Answers to petitions to intervene. (See § 1.8(e).)

(c) Answers to orders to show cause. Any person upon whom an order to show cause has been served under § 1.6 shall, if directed so to do, respond to the same by filing within the time specified in said orde. an answer in writing and under oath. Such answer shall be drawn so as specifically to admit or deny the allegations or charges which may be made in said order, set forth the facts upon which respondent relies, and state concisely the matters of law relied upon. Mere gen

eral denials of the allegations of said order unsupported by specific facts upon which respondent relies will not be considered as complying with the order and may be deemed a basis for entry of a final order without hearing, unless otherwise required by statute, on the ground that the response has raised no issues requiring a hearing or further proceedings. Any respondent failing to file answer within the time allowed shall be deemed in default, and all relevant facts stated in said order to show cause may be deemed admitted. Such answer shall otherwise conform to the requirements of §§ 1.15 to 1.17. inclusive.

(d) Answers to motions. (See § 1.12 (c).)

(e) Defendants seeking affirmative relief. Defendants seeking relief against other parties in a proceeding by reason of the presence of common questions of law or fact shall set forth in their answer the facts constituting the grounds of complaint, the provisions of the statutes, rules, regulations, or orders relied upon, the injury complained of, and the relief sought. The answer shall in all other respects, conform to the requirements of this section and §§ 1.15 to 1.17, inclusive.

(f) Replies to defendants seeking affirmative relief. Unless otherwise ordered by the Commission, replies to answers seeking affirmative relief must be filed and served within 15 days after the service of the answer, but not later than 5 days prior to the date set for the commencement of the hearing, if any. They shall in all other respects conform to the requirements of §§ 1.15 to 1.17, inclusive.

(g) Answers to amendments of pleadings. Any party to a proceeding or staff ccunsel may file an answer to any amendment, modification or supplement

to an application, complaint, petition or other pleading. If made, answers shall be filed within 15 days after the date of service of the amendment, modification or supplement, unless for cause the Commission or presiding officer with or without motion shall prescribe a different time. They shall in all other respects conform to the requirements of §§ 1.15 to 1.17, inclusive.

(h) Satisfaction of complaints. If the defendant satisfies a formal complaint either before or after answering, a statement to that effect signed by the opposing parties shall be filed, setting forth when and how the complaint has been satisfied and requesting dismissal. Such statements shall be served upon all parties, and the original copies of such statements, when filed, shall show service on all parties, and in other respects shall conform to the requirements of §§ 1.15 to 1.17, inclusive; all additional copies shall be conformed thereto.

(1) Answers to appeals from actions of the staff. (See § 1.7(d).)

[Order 141, 12 FR. 8474, Dec. 19, 1947, as amended by Order 270, 28 F.R. 8287, Aug. 18, 1963; Order 359, 33 F.R. 2843, Feb. 10, 1968] § 1.10 Protests.

(a) General. Any person, including any State or local commission, objecting to the approval of an application, petition, motion, or other matter which is, or will be, under consideration by the Commission (or an administrative law judge) may file a protest. No particular form of protest is required but the letter or writing should contain the name and address of the protestant, the proceeding or matter to which the protest is addressed, and a concise statement of the protest. If possible 10 copies of the protest should be forwarded to the Commission. Service need not be effected upon the parties.

(b) Effect of protest. A protest is intended solely to alert the Commission and the parties to a proceeding of the fact and nature of the protestant's objection to a certificate application, rate filing, license application, complaint proceeding, or any other proposed Commission action, other than a notice of proposed rulemaking (all timely filed responses to notices of proposed rulemaking will be treated as "comments" and considered by the Commission as such). The filing of a protest does not make the protestant a party to the proceeding; a separate petition to intervene is required

for this purpose. Nor will a protest be considered by the Commission as establishing the truth of its assertions. Where a timely protest is received prior to any action by the Commission taking final action in the matter, or designating a proceeding for formal hearing, it will be considered in determining what action is appropriate. If a hearing has been ordered, the protest will be placed into a public file associated with, but not part of the record upon which the Commission's decision is made, and will be available for such further exploration of the substantive matters raised therein by the Commission staff and the other parties as may be appropriate.

[Order 359, 33 FR. 2843, Feb. 10, 1968; 33 F.R. 2993, Feb. 15, 1968]

§ 1.11 Amendments and withdrawal of pleadings.

(a) Amendments. Any modification or supplement to an application, complaint, petition or other pleading shall be deemed as an amendment to the pleading, and shall comply with the requirements of the rules of this chapter relating to the pleading amended insofar as appropriate and in all other respects shall conform to the requirements of §§ 1.15 to 1.17, inclusive. Upon its own motion or upon motion promptly filed by any participant, the Commission may for good cause decline to permit, or may strike in whole or in part, any amendment. No amendment to a pleading may be filed within 5 days next preceding the commencement of or during a hearing unless directed or permitted by the Commission or the presiding officer after opportunity for all parties to be heard thereon.

(b) Amendments to conform to the evidence. When, at a hearing, issues not raised by the pleadings are introduced by express or implied consent of the parties, they shall be treated in all respects as if they had been raised in the pleadings. Such amendment of the pleadings as may be necessary to cause them to conform to the evidence and to raise these new issues may be made upon motion of any participant at any time during the hearing. If evidence upon such new issues is objected to on the ground that it is not within the issues raised by the pleadings, the Commission or the presiding officer may allow the pleadings to be amended and such evidence to be received, when it appears that the presentation of the merits of

the proceeding will be served thereby without prejudicing the public interest or the rights of any participant. When, in the discretion of the Commission or the presiding officer, a continuance is necessary in order to enable the objecting participant to meet such new issues and evidence, a continuance may be granted by the Commission or the presiding officer, as provided in § 1.13(e).

(c) Directed amendments. The Commission may at any time, or during a hearing the presiding officer may on his own motion or the motion of any participant, direct a party to state his case by way of amendment more fully or in more detail. Such amendment shall be reduced to writing and filed within such time as may be fixed therefor, and shall conform to the requirements of §§ 1.15 to 1.17, inclusive.

(d) Withdrawal of pleadings. A participant desiring to withdraw a pleading filed with the Commission may file a notice of withdrawal thereof with the Commission. Such notice shall set forth the reasons for the withdrawal and conform to the requirements of this section and §§ 1.15 to 1.17, inclusive, as to copies, form, service, subscription, and verification. A certificate shal: accompany every notice showing service on all participants. Unless otherwise ordered by the Commission for good cause, such notice shall, 30 days after the filing thereof, be deemed to have effected the withdrawal of the pleading, including amendments, if any: Provided, however, That this paragraph shall not be construed as effecting, without express permission of the Commission, withdrawal of:

(1) Any pleading in any proceeding in which a hearing has been held or convened;

(2) Any formal complaint, answer thereto, response to order to show cause. or any amendment to any of the aforesaid pleadings;

(3) Any declaration of intention or application for license, or amendment thereof, under Part I of the Federal Power Act.

[Order 141, 12 FR 8475, Dec. 19, 1947, as amended by Order 229, 25 FR 10869, Nov. 16, 1960]

§ 1.12 Motions.

(a) Scope and contents. After a hearing has commenced in a proceeding, a request may be made by motion for any procedural or interlocutory ruling

or relief desired except as may be expressly provided for in §§ 1.5, 1.6, 1.7 (b) and (c), 1.8, 1.9, 1.10 and 1.11. Other motions may be made as provided for elsewhere in this Part. Motions shall set forth the ruling or relief sought, and state the grounds therefor and the statutory or other authority relied upon.

(b) Presentation. The requirements of §§ 1.15 to 1.17, inclusive, shall apply to all written motions. Motions made during hearings may be stated orally upon the record, Provided, however, That the Commission or presiding officer may require that such motions be reduced to writing and filed separately.

(c) Objections. Any party or staff counsel shall have 15 days within which to answer or object to any motion unless the period of time is otherwise fixed by the Commission or presiding officer.

(d) Rulings on. The presiding officer designated to preside at a hearing is authorized to rule upon any motion not formally acted upon by the Commission prior to the commencement of the hearing where immediate ruling is essential in order to proceed with the hearing, and upon any motion filed or made after the commencement thereof and prior to the submission of his initial or recommended decision in the proceedings, Provided, however, That no motion made before or during a hearing, a ruling upon which would involve or constitute a final determination of the proceeding, shall be ruled upon by a presiding officer except as a part of either his initial or recommended decision submitted after the conclusion of the hearing, Provided, further, That this section shall not be construed as precluding a presiding officer, within his discretion, from referring any motion to the Commission for ultimate determination. The Commission will rule upon all other motions and upon such motions as presiding officers may certify to the Commission for disposition.

(e) Commission action. With respect to any motion filed with the Commission after a hearing has commenced, or made to a presiding examiner after a hearing has commenced and referred to the Commission, unless the Commission acts within 30 days after such filing or referral, whichever is later, the motion shall be deemed to have been denied. The administrative law judge shall notify the parties to the proceeding of the date on which a motion is re

ferred to the Commission either by an announcement on the record where the hearing is in session or by written notice if the hearing is in recess.

[Order 141, 12 FR 8475, Dec. 19, 1947, as amended by Order 217, 24 FR 9471, Nov. 25, 1959; Order 444-A, 39 FR 12731, Apr. 8, 1974] § 1.13 Time; extensions of time; issuance of orders.

(a) Computation of time. Except as otherwise provided by law, in computing any period of time prescribed or allowed by this Part, by any rule, regulation, or order of the Commission, or by any applicable statute, the day of the act, event, or default from or after which the designated period of time begins to run shall not be included, but the last day of the period so computed shall be included, unless it is a Saturday, Sunday, or a legal holiday in the District of Columbia, in which event the period shall run until the end of the next day which is not a Saturday, Sunday, or a holiday. A partday holiday shall be considered as other days and not as a holiday.

(b) Issuance of orders. In computing any period of time involving the date of the issuance of an order by the Commission, the day of issuance of an order shall be the day the Office of the Secretary mails or delivers copies of the order (full text) to the parties or their attorneys of record, or makes such copies public, whichever be the earlier. Orders will not be made public prior to the mailing or delivery to the parties or their attorneys of record, except where, in the judgment of the Commission, the public interest so requires. The day of issuance of an order may or may not be the day of its adoption by the Commission. In any event, the Office of the Secretary shall clearly indicate on each order the date of its issuance. At the time any intermediate initial or tentative decision becomes effective as a decision of the Commission in the absence of Commission review as provided for by §§ 1.30 and 1.31, the Secretary will issue and serve upon the parties of record an appropriate notice of the date such decision became effective as a Commission decision or order.

(c) Effective dates of orders. Orders of the Commission shall be effective as of the dates of issuance unless otherwise specially provided in the orders.

(d) Extensions of time. Except as otherwise provided by law, whenever by