trative Operations is responsible for the reproduction of copies and the dispatching of documents approved by the Secretary for publication.

(2) The aforementioned duties are to be carried out in compliance with Chapter I, Title I, Code of Federal Regulations, which contains the rules and regulations established by the Office of the Federal Register to govern the preparation and submission of material for publication

(3) It shall be the responsibility of the Applicant or movant to submit in triplicate, in conjunction with any filing which is given notice under § 21.(a) (1) of this chapter, a proposed notice suitable for publication in the FEDERAL REGISTER. The notice shall have substantially the following format:

UNITED STATES OF AMERICA
FEDERAL POWER COMMISSION
NOTICE OF (TYPE OF FILING)

The FPC issues notice of (type of filing) for (Company, Docket or Project Number). Protests or petitions to intervene due (date). [Order 217, 24 FR 9472, Nov. 25, 1959, as amended by Order 463, 37 FR 28055, Dec. 20, 1972]

(a) How initiated. Hearings for the purpose of taking evidence shall be initiated by the Commission by issuance of an order or by notice of the Secretary announcing the initiation of a hearing.

(b) Consolidation. The Commission upon its own motion, or upon motion by a party or staff counsel, may order proceedings involving a common question of law or fact to be consolidated for hearing of any or all the matters in issue in such proceedings.

(c) Presiding officers. All such hearings shall be held before the Commission or a duly designated presiding officer; but nothing in this section shall be deemed to supersede or preclude the conduct of proceedings before boards or other officers specially provided for in § 1.37 or as the Commission may, after due notice, specially authorize and order. (d) Disqualification of a presiding officer. A presiding officer may withdraw from a proceeding when he deems himcelf disqualified, or he may be withdrawn by the Commission for good cause found after timely affidavits alleging personal bias or other disqualifications have been filed and the matter has been heard by

the Commission or by a presiding officer to whom it has delegated the matter for investigation and report.

(e) Appearances. The Commission or the presiding officer before whom the hearing is held will cause to be entered upon the record all appearances, with a notation in whose behalf each appearance is made. Included in such appearances shall be staff counsel participating, and a notation shall be made in the record of the names of the members of the Commission's technical staff participating, including accountants, engineers. and other experts, who have been assigned to work on the investigation or to assist in the trial of the case.

(f) Order of procedure. In hearings upon applications, declarations of intention, and determinations of the actual legitimate original cost of licensed projects, the applicant, declarant or licensee shall open and close. In hearings on formal complaints or petitions, the complainant or petitioner. as the case may be, shall open and close. In hearings involving suspended rates, the respondent shall open and close. In hearings on investigations, the presiding officer may direct who shall open and close. In hearings in proceedings in which accounting entries are questioned by the Commission, the party whose entries are in question shall open and close. When proceedings have been consolidated for hearing, the presiding officer shall designate who shall open and close. Interveners shall follow the parties in whose behalf the intervention is made; where the intervention is not in support of an original party, the presiding officer shall designate at what stage such intervener shall be heard. In proceedings where the evidence is peculiarly within the knowledge or control of another party or participant, the foregoing order of presentation may be varied by the presiding officer. The applications (including attached exhibits), declarations of intention, complaints, formal protests, determinations of actual legitimate original cost of licensed projects, orders to show cause and responses thereto, and similar formal documents upon which hearings are fixed shall, without further action, be considered as parts of the record as pleadings: Provided, however, That in no event, except as contemplated by the provisions of § 1.32(b), shall such pleadings, or any part thereof, be considered as evidence of any fact other than that

of the filing thereof unless offered and received in evidence in accordance with the Commission's rules.

(1)

(g) Presentation by the parties. Parties and staff counsel shall have the right of presentation of evidence, crossexamination, objection, motion, argument and appeal. The taking of evidence and subsequent proceedings shall proceed with all reasonable diligence and with the least practicable delay.

(2) When objections to the admission or exclusion of evidence before the Commission or the presiding officer are made, the grounds relied upon shall be stated briefly. Formal exceptions are unnecessary and will not be taken to rulings thereon.

(h) [Reserved]

(i) Limiting number of expert witnesses. The Commission or the presiding officer may limit appropriately the number of expert witnesses that may be heard upon any issue.

(j) Additional evidence. At any stage of the hearing the Commission or the presiding officer may call for further evidence upon any issue, and require such evidence to be presented by the party or parties concerned or by the staff counsel, either at that hearing or adjournments thereof. At the hearing, the Commission or the presiding officer may, if deemed advisable, authorize any participant to file specific documentary evidence as a part of the record within a fixed time, expiring not less than 10 days before the date fixed for filing and serving briefs.

(k) Transcript and record. Hearings shall be stenographically reported by the official reporter of the Commission, and a transcript of said report shall be a part of the record and the sole official transcript of the proceeding. Such transcripts shall include a verbatim report of the hearings; nothing shall be omitted therefrom except as is directed on the record by the Commission or the presiding officer. After the closing of the record, there shall not be received in evidence or considered as part of the record any document, letter or other writing submitted after the close of testimony except as provided in paragraph (j) of this section, or changes in the transcript as provided in paragraph (1) of this section.

(1) Transcript corrections. Corrections in the official transcript may be

made only to make it conform to the evidence presented at the hearing and to speak the truth. No corrections or physical changes shall be made in or upon the official transcript of the proceeding, except as provided in this section. Transcript corrections agreed to by opposing attorneys may be incorporated into the record, if and when ap. proved by the Commission or the presiding officer, at any time during the hearing or after the close of evidence, as may be permitted by the Commission, or by the presiding officer before the filing of his report, but not less than 10 days in advance of the time fixed for filing final briefs. The Commission or the presiding officer may call for the submission of proposed corrections and may make disposition thereof at appropriate times during the course of a proceeding.

(m) Contents of orders and notices initiating hearings—(1) Rule making proceedings. The order or notice shall state the time and place of hearing, and nature of the proceeding, recite the authority under which the rule is proposed to be adopted and promulgated, and include either the terms or substance of the proposed rule or a description of the subjects and issues involved to inform interested persons of the nature of the proceeding, so as to permit any interested person to submit views. data, or proposals relative thereto; and such notice will set forth a time period within which interested persons may submit written data, views, or arguments concerning the proposed rule, or request oral argument thereon.

(2) Other proceedings. The order or notice initiating a hearing shall set forth the authority and jurisdiction under which the hearing is to be held, shall state the nature of the proceeding and shall name the officer designated to preside at the hearing, except as hereinafter provided. Such order or notice shall also specify the final date for the filing of protests to the authorization sought and for the filing of petitions and notices to intervene except in cases where such date has been fixed by a former notice. The order or notice initiating the hearing shall not specify the date of hearing unless the Commission deems it appropriate that it do so: Provided, however, That where the notice or order provides that the Commission may, after a non-contested

hearing, dispose of the proceedings pursuant to the provisions of § 1.30 (c) (1) or (2) or § 1.32 (a) or (b), as may be appropriate, the notice or order shall also fix a date for hearing as soon after the expiration of the time for filling protests, petitions to intervene and notices of intervention as may be practicable. In such instance, the notice or order need not designate the presiding examiner but shall state that if a protest, petition to intervene in opposition, or notice of intervention in opposition is filed, the hearing date will be vacated and a new date for hearing will be fixed. [Order 141, 12 F.R. 8478, Dec. 19. 1947, as amended by Order 175, 19 FR. 5213, Aug. 18, 1954; Order 179, 20 FR. 3934, June 7, 1955; Order 217, 24 F.R. 9472, Nov. 25, 1959] § 1.21 Copies of transcripts.

(a) Availability to participants in public hearings. The Commission will cause to be made a stenographic record of all public hearings and such copies of the transcript thereof as it requires for its own purposes. Participants desiring copies of such transcript may obtain the same from the official reporter upon payment of the fees fixed therefor.

(b) Availability to persons who give evidence in investigations and nonpublic proceedings. Any person compelled to furnish data or to give evidence in any investigation shall be entitled to retain or, upon payment of the lawfully prescribed fees therefor to the Official Reporter, the Secretary, or other designated officer of the Commission, to obtain a copy of the official transcript thereof; Provided, however, That where such data or evidence have been furnished or given in a nonpublic investigatory proceeding conducted by the Commission, such person may, for good cause, be limited to an inspection only, either in person or by a duly accredited representative, of the official transcript of his testimony. [Order 141, 12 F.R 8478, Dec. 19, 1947]

deemed evidence in the proceeding or any questions are put to them.

(b) Expert witnesses. Written testimony of an expert witness may be received as provided in § 1.20, where properly supported by the oral testimony of its author on direct examination, subject to cross-examination and motions to strike.

(c) Fees of witnesses. Witnesses subpenaed by the Commission shall be paid the same fees and mileage as are paid for like services in the District Courts of the United States. Witnesses subpenaed at the instance of participants shall be paid the same fees by the participant at whose instance the witness is subpenaed; and the Commission, before issuing any subpena as provided in § 1.23, may require a deposit of an amount adequate to cover the fees and mileage involved. [Order 141, 12 F.R. 8479, Dec. 19, 1947, as amended by Order 217, 24 F.R. 9473, Nov. 24, 1959]

§ 1.23 Subpenas.

(a) Issuance. Subpenas for the attendance of witnesses or for the production of documentary evidence, unless directed by the Commission upon its own motion, will issue only upon application in writing to the Commission or the presiding officer, except that during sessions of a hearing in a proceeding, such application may be made orally on the record before the Commission or presiding officer, who is hereby given authority to determine the relevancy and materiality of the evidence sought and to issue such subpenas in accordance with such determination. Such written applications shall be verified and shall specify as nearly as may be the general relevance, materiality, and scope of the testimony or documentary evidence sought, including, as to documentary evidence, specification as nearly as may be, of the documents desired and the facts to be proved by them in sufficient detail to indicate the materiality and relevance of such documents.

(b) Service and return. If service of subpena is made by United States marshal or his deputy, such service shall be evidenced by his return thereof. If made by another person, such person shall make affidavit thereof, describing the manner in which service is made, and shall return such affidavit on or with the original subpena. In case of failure to make service, the reasons for the failure

shall be stated on the original subpena. In making service, a copy of the subpena shall be exhibited to and left with the person to be served. The original subpena, bearing or accompanied by the authorized return, affidavit or statement, shall be returned forthwith to the Secretary or, if so directed on the subpena, to the presiding officer before whom the person named in the subpena is required to appear.

(c) Fees of witnesses. Witnesses who are subpenaed shall be paid fees as provided in § 1.22.

[Order 141, 12 F.R. 8479, Dec. 19, 1947]

§ 1.24 Depositions.

(a) When permissible. The testimony of any witness may be taken by deposition, upon application by a participant in a proceeding pending before the Commission, at any time before the hearing is closed, upon approval by the Commission or the presiding officer.

(b) Notice and application. Unless notice is waved, no deposition shall be taken except after at least 10 days' notice to the parties within the United States, and 15 days' notice when a deposition is to be taken elsewhere. Such notice shall be given in writing by the participant proposing to take such deposition or by his attorney to the other participants or their attorneys of record and to the Commission. In such notice and application to take evidence by deposition, the participant desiring to take the deposition shall state the name and post office address of the witness, the subject matter concerning which the witness is expected to testify, the time and place of taking the deposition, the name and post office address of the officer before whom it is desired that the deposition be taken, and the reason why such deposition should be taken. The other participants may, within the time stated in this section, make any appropriate response to such notice and application. Such notices and responses thereto shall conform, as applicable, to the requirements of §§ 1.5 and 1.15 to 1.17, inclusive.

whom the witness is to testify, but such time, place and officer so specified may or may not be the same as those named in the said notice and application.

(d) Officer before whom taken (1) Within the United States. Such depositions may be taken before a member, a presiding officer or other authorized representative of the Commission, any judge, commissioner, or clerk of any court of the United States, any chancellor, judge, or justice of a State court, any mayor or chief magistrate, of a city, or any notary public, not being counsel or attorney for any of the participants, or interested in the proceeding or investigation, according to such designation as may be made in the authorization.

(2) In foreign countries. Where such deposition is taken in a foreign country, it may be taken before a secretary of an embassy or legation, consul general, consul, vice consul, or consular agent of the United States, or before such person or officer as may be designated in the authorization or agreed upon by the parties by stipulation in writing filed with and approved by the Commission or the presiding officer. The magistrate, person, or officer so designated in this section will be referred to as the Officer.

(e) Oath and reduction to writing. Every person whose testimony is taken by deposition shall be sworn, or shall affirm concerning the matter about which he shall testify, before any questions are put or testimony given. The testimony shall be reduced to writing by the Officer, or under his direction, after which the deposition shall be subscribed by the witness and certified in the usual form by the Officer. Unless otherwise directed in the authorization, after the deposition has been subscribed and certified, it shall, together with the number of copies specified in the authorization, the copies being made by such Officer or under his direction, be forwarded by such Officer in a sealed envelope addressed to the Commission at its office in Washington, D.C., with sufficient stamps for postage affixed. Upon receipt thereof, the Secretary shall file the original in the proceeding and shall forward a copy to each party or his attorney of record and to staff counsel.

(f) Form. Such deposition shall conform to the requirements of § 1.15 in all respects except as to the number of copies.

(g) Scope and conduct of examination. Unless otherwise directed in the authorization, the deponent may be examined regarding any matter which is relevant to the issues involved in the pending proceeding, including the existence, description, nature, custody, condition and location of any books, documents or other tangible things, and the their attorneys and staff counsel shall have the right of cross-examination, objection and exception. In making objections to questions or evidence, the grounds relied upon shall be stated briefly, but no transcript filed by the Officer shall include argument or debate. Objections to questions or evidence shall be noted by the Officer upon the deposition, but he shall not have power to decide on the competency or materiality or relevancy of evidence. Objections to questions or evidence not taken before the Officer shall be deemed waived.

(h) Not part of record unless received in evidence. No part of a deposition shall constitute a part of the record in the proceeding, unless received in evidence by the Commission or presiding officer. Objection may be made at the hearing in the proceeding to receiving in evidence any deposition or part thereof for any reason which would require the exclusion of the evidence if the witnesses were then present and testifying.

(i) Fees of officers and deponents. Deponents whose depositions are taken and the officers taking the same shall be entitled to the same fees as are paid for like services in the District Courts of the United States, which fees shall be paid by the party or participant at whose instance the depositions are taken. [Order 141, 12 FR 8479, Dec. 19, 1947, as amended at 42 FR 16380, Mar. 28, 1977] § 1.25

Stipulations.

(a) Presentation and effect. Independently of the orders or rulings issued as provided by § 1.18, the parties and staff counsel may stipulate as to any relevant matters of fact or the authenticity of any relevant documents. Such stipulations may be received in evidence at a hearing, and when so received, shall be binding on the parties and staff counsel with respect to the matters therein stipulated.

(b) Form, style, and service. Stipulations shall conform to the appicable requirements of §§ 1.15 to 1.17 inclusive,

(a) Form and admissibility. In any proceeding before the Commission or a presiding officer relevant and material evidence shall be admissible, but there shall be excluded such evidence as is unduly repetitious or cumulative, or such evidence as is not of the kind which would affect reasonable and fair-minded men in the conduct of their daily affairs.

(b) Reception and ruling on. The presiding officer, subject to appeal to the Commission as provided in § 1.28, shall rule on the admissibility of all evidence, and shall otherwise control the reception of evidence so as to confine it to the issues in the proceeding. The number of expert witnesses to be heard on any issue may be limited appropriately or the production of further evidence upon any issue may be called for, as provided in § 1.20.

(c) Documentary—(1) Designation. Where relevant and material matter offered in evidence is embraced in a document containing other matter not material or relevant and not intended to be put in evidence, the participant offering the same shall plainly designate the matter so offered, segregating and excluding insofar as practicable the immaterial or irrelevant parts. If other matter is in such document in such bulk or extent as would necessarily encumber the record, such document will not be received in evidence, but may be marked for identification, and, if properly authenticated, the relevant and material parts thereof may be read into the record, or if the Commission or the presiding officer so directs, a true copy of such matter in proper form shall be received in evidence as an exhibit, and copies shall be delivered by the participant offering the same to the other parties or their attorneys and staff counsel appearing at the hearing, who shall be afforded an opportunity to examine the entire document and to offer in evidence in like manner other material and relevant portions thereof.

(2) Commission's files. (1) In case any matter contained in a report or other document on file with the Commission is offered in evidence, such report or other document need not be produced or