or divided between the two, so long as the total extended time does not exceed ten working days with respect to a particular request. The Secretary will be responsible for allocating distribution of the ten days on a case-by-case basis. "Unusual circumstances" as used in this paragraph

means:

(i) The need to search for and collect the requested records from field facilities or other establishments that are separate from the office processing the request;

(ii) The need to search for, collect, and appropriately examine a voluminous amount of separate and distinct records which are demanded in a single request;

or

(iii) The need for consultation, which will be conducted with all practicable speed, with another agency having a substantial interest in the determination of the request or among two or more components of the agency having substantial subject-matter interest therein.

(4) If the Commission fails to comply with the applicable time limit provisions of this section, the Commission can request the court for additional time to complete its review of the records by showing that exceptional circumstances exist and that it is exercising due diligence in responding to the request.

(5) Any notification of denial of any request for records under this section will set forth the names and titles or positions of each person responsible for the denial of such request.

(6) Upon any determination to comply with a request for records, the records will be made promptly available to such person making such request.

(g) Procedure in event of subpoena. If an officer or employee of the Commission is served with a subpoena duces tecum, material which is not part of the public files and records of the Commission shall be produced only as authorized by the Commission. Service of such a subpoena shall immediately be reported to the Commission with a statement of all relevant facts. The Commission will thereupon enter such order or give such instructions as it deems advisable.

[Order 351, 32 FR 10062, July 8, 1967, as amended by Order 388-A, 39 FR 18093, May 23, 1974; 39 FR 25647, July 12, 1974; Order 524, 40 FR 7252, Feb. 19, 1975; Order No. 524-B, 40 FR 17553, Apr. 21, 1975; Order No. 524-C, 40 FR 42005, Sept. 10, 1975; Order No. 562, 42 FR 14702, Mar. 16, 1977]

§ 1.37 Cooperative procedure with State commissions.

(a) Policy. (1) The Federal Power and Natural Gas Acts, sections 209 and 17, respectively, authorize cooperation between the Federal Power Commission and the State commissions of the several States in the administration of said acts, which include authorization for:

(i) Reference of any matter arising in the administration of these acts to a board to be composed of a member or members from a State or States affected, or to be affected, by the particular matters pending before the Federal Power Commission;

(ii) Conferences with State commissions regarding the relationship between rate structures, costs, accounts, charges, practices, classifications, and regulations of public utilities or natural gas companies subject to the jurisdiction of such State commissions and of the Federal Power Commission; and

(iii) Joint hearings with State commissions in connection with any matter with respect to which the Federal Power Commission is authorized to act.

(2) The matters that should be the subject of a conference, referred to a board, or heard at a joint hearing of State commissions and the Federal Power Commission, obviously, cannot be determined in advance. It is understood, therefore, that the Federal Power Commission or any State commission will freely suggest cooperation with respect to any proceeding or matter affecting any public utility or natural gas company subject to the jurisdiction of the Federal Power Commission and of a State commission, and concerning which it is believed that cooperation will be in the public interest.

(b) Notice-(1) By Federal Power Commission. (1) Whenever there shall be instituted before the Federal Power Commission any proceeding under either the Federal Power Act or the Natural Gas Act, the State commission or commissions of the State or States affected thereby will be given notice thereof immediately by the Federal Power Commission. As deemed necessary for an understanding of the subject matter, each such notice will be supplemented by copies of applications, complaints, petitions, or orders instituting proceedings. Each such notice given to a State commission will request that the Federal Power Commission be notified within a

reasonable time whether the proceeding is deemed one that should be considered under the cooperative provisions of this section, and, if so, to advise the Federal Power Commission as to the nature of its interest in the matter, and further, to specify whether it desires a conference, the creation of a board, or a joint or concurrent hearing, as defined in this section, and the reasons for such request.

(ii) Any commission suggesting some form of such cooperative procedure should also state whether there is pending, or will be pending before it, a proceeding in which a concurrent hearing might appropriately be held and whether its proposal is for such hearing covering any such proceeding and the proceeding pending before the Federal Power Commission.

(iii) Any State commission recommending to the Federal Power Commission reference of a proceeding to a board, under either the Federal Power Act or the Natural Gas Act, should state with fullness the reasons which led it to believe that such reference is desirable and in the public interest.

(iv) Upon the receipt from a State commission of a communication suggesting cooperation, the Federal Power Commission will consider the same, and may confer with the commission making the request and with other interested commissions, if any, in such manner as may be most suitable, and, if cooperation in the manner proposed, or in any other manner, shall appear to be practicable and desirable, will so advise each interested State commission, and will invite it to participate therein.

(2) By State commission. (1) Each State commission should, in like manner, notify the Federal Power Commission of any proceeding instituted before it, the subject matter of which is also subject to the jurisdiction of the Federal Power Commission, or in which it believes the Federal Power Commission is interested. Such notice should be supplemented by copies of applications, petitions, complaints, or orders instituting proceedings which may be necessary to an understanding of the subject matter. Such notice should include such suggestions as the State commissions may wish to make concerning cooperative procedure.

(ii) Upon receipt of such notice, the Federal Power Commission will consider the same and will promptly notify the State commission whether or not in its opinion cooperation in the manner pro

posed, or in any other manner, appears to be practicable and desirable. The Federal Power Commission shall be free to propose cooperative procedure, if deemed appropriate, whether or not such proposal of cooperation has been made by the State commission first giving notice of the proceeding.

(3) Federal Power Commission or State commissions to invite participation in cooperative procedure. In the event that cooperation in a particular proceeding has been determined upon, the Federal Power Commission or a State commission before which the proceeding is pending will so advise each interested State commission and will invite it to take part therein.

(c) Conferences. Inasmuch as experience has proved that informal conferences are the means most often used to enable commissions to work together to promote good regulation, affording means whereby common understandings may be reached, and the imposition of inconsistent or conflicting regulations upon companies subject to both Federal and State control may be avoided, and means whereby State commissions may secure the assistance in State regulatory work which sections 209 and 17, respectively, of the Federal Power and Natural Gas Acts authorize the Federal Power Commission to extend, any commission, Federal or State, should always feel free to suggest a conference to another commission, concerning any matter of regulation subject to the jurisdiction of either, with respect to which it is believed that a cooperative conference may be in the public interest. The commission desiring a conference upon any such matter should notify other interested commissions without delay, and thereupon the Federal Power Commission or a State commission, as may be agreed, will promptly arrange for a conference in which all interested commissions will be invited to be represented.

(d) Procedure governing matters referred to a board. (1) It is believed that the statutory provisions of sections 209 and 17, respectively, of the Federal Power and Natural Gas Acts, for the reference of a proceeding to a board constituted as therein provided, were designed for use in unusual cases, and as a means of relief to the Federal Power Commission when it might find itself unable to hear and determine cases before it, in the usual course, without undue delay.

(2) Whenever the Federal Power Commission, either upon its own motion or upon the suggestion of a State commission or at the request of any interested party, shall determine that it is desirable to refer a matter arising in the administration either of the Natural Gas Act or Part II of the Federal Power Act, to a board to be composed of a member or members from the State or States affected or to be affected by such matter, he procedure will be as follows:

(3) The Federal Power Commission will send a request to each interested State commission to nominate a specified number of members to serve on such board. Whenever more than one State is involved, the representation of each State concerned shall be equal, unless one or more of the States affected chooses to waive such right of equal representation The Federal Power Commission will specify the functions to be performed by such board in each instance. When the member or members of any board have been nominated and appointed in accordance with the provisions of either section 209 of the Federal Power Act or section 17 of the Natural Gas Act, the Federal Power Commission will make an order referring the particular matter to such board, and such order shall fix the time and place of hearing, define the "force and effect" the action of the board shall have, the manner in which the proceedings shall be conducted, and specify the allowances to be made for the expense of the members of the board. As far as applicable, the rules of practice and procedure as from time to time adopted or prescribed by the Federal Power Commission shall govern such board. The board shall have authority to adjourn the hearing from day to day, subpena witnesses, rule on the relevancy, competency, and materiality of evidence, and shall, after hearing all interested parties, submit its report to the Federal Power Commission.

(e) Joint and concurrent hearings. (1) The term "joint hearing" used in sections 209 and 17, respectively, of the Federal Power and Natural Gas Acts is understood to cover any hearing in which members of the Federal Power Commission and members of one or more State commissions may sit together in a proceeding pending before one such commission, whether or not a proceeding or proceedings involving similar or corresponding issues be pending before any other commission.

(2) Two different types of proceedings have been called "joint hearings". One is that type of proceeding where members of one or more State commissions sit with members of the Federal Power Commission for information or in an advisory capacity. The State commissioners in such case do not develop a record for their respective commissions and may or may not, at their own discretion, make a recommendation to the Federal Power Commission. The other type of joint hearing is often referred to as a "concurrent hearing". Under this procedure the Federal Power Commission and one or more State commissions sit together to hear and jointly make a record upon a matter over which all of the participating commissions have jurisdiction and responsibility for action.

(3) The Federal Power Commission or any State commission or commissions should feel free to suggest or request a joint or concurrent hearing at any time. It is believed, however, that the concurrent hearing is the type of cooperative hearing which is likely to be most useful and effective.

(4) Whenever a concurrent hearing has been agreed upon by the Federal Power Commission and one or more State commissions, the procedure will be as follows:

(i) Each commission will designate the representative or representatives of such commission to sit at such concurrent hearing, and will designate the representative who will be the presiding officer for such commission.

(ii) It will be understood that participation in such concurrent hearing shall in no way affect the complete control by each commission of the proceeding before it. It will be understood, also, that participation in either a joint or concurrent hearing shall in no way preclude any commission from causing to be presented in any such case pertinent evidence with respect to matters in issue.

(iii) The representative designated by the Federal Power Commission will be the presiding officer to announce rulings with respect to which there is no disagreement; and all such rulings shall be considered concurrent rulings. However, the presiding officer for any commission which does not concur in any ruling may announce a divergent ruling and such divergent ruling, whether with respect to the admissibility of evidence or any other matter, shall be considered the ruling for his commission.

(iv) The record of the concurrent hearing shall be the record of each commission participating, except that, if divergent rulings are made, the rulings shall be so reported as to separate and distinguish clearly the record of the respective participating commissions and the evidence admitted in each record, in accordance with the rulings of the respective presiding officers of such participating commissions. If, in any proceeding, the ruling of one presiding officer has the effect of admitting any voluminous exhibit or testimony which is excluded by the ruling of another presiding officer, the taking of such evidence will, whenever possible be deferred until after the completion of all proceedings which can be conducted under concurrent rulings. When such testimony is taken, the transcript of such evidence will be made available to all the participating commissions, if desired.

(v) In all respects concerning which there shall be no divergence of ruling, the hearing will be conducted in accordance with the rules of practice and procedure prescribed by the Federal Power Commission, subject to the express understanding that each participating State commission shall control its own record and make its own rulings as to the admissibility of evidence and as to other matters affecting its proceedings, and shall make its own separate final decision or order therein.

(5) Before either the Federal Power Commission or a participating State commission shall enter any order or orders in a concurrent proceeding, opportunity shall be afforded for conference between the Federal Power Commission and the State commission or commissions participating.

(6) Whenever a joint hearing other than a concurrent hearing shall be agreed upon, the commissions which will take part therein shall agree upon the procedure to be followed in such hearing in advance of the opening of the same. With respect to any concurrent hearing, a special agreement may be made by the commissions taking part therein for a procedure or action differing from that outlined in this plan.

(7) Cooperation between two or more commissions in a concurrent hearing shall preclude either from taking the position of an advocate or a litigant. If a commission wishes to take such a position, it will not be appropriate for that commission to be a cooperating partici

2.63 Express refund conditions in certain temporary certificates of public convenience and necessity issued to independent producers of natural gas. transfer of

2.64 Independent producers;

producing acreage; procedure. 2.65 Applications for certificates of public convenience and necessity for gas transmission facilities to be installed in the off-shore southern Louisiana area.

2.66 Pricing of new gas produced by pipelines and pipeline affiliates.

2.67 Calculation of taxes for property of pipeline companies constructed or acquired after January 1, 1970.

2.67a Policy with respect to the natural gas shortage as it relates to the Revenue Act of 1971.

2.68 Policy with respect to temporary emergency sales and deliveries of natural gas for resale in interstate commerce by persons with exemptions under the Natural Gas Act pursuant to section 1(c), and certain persons exempt under the Natural Gas Act pursuant to section 1(b).

2.69 Guidelines to be followed by natural

gas pipeline companies in the planning, locating, clearing and maintenance of rights-of-way and the construction of aboveground facilities.

Sec.

2.70

Measures for the protection of reliable and adequate natural gas service. 2.71 Charges applicable to the transportation of liquids, liquefiable hydrocarbons, etc., for others.

2.75 2.76

2.72 Availability in contested cases of information acquired by staff investigation. Optional procedure for certificating new producer sales of natural gas. Policy with respect to rates where reduced pressures, need for reconditioning, deeper drilling or other factors make further production uneconomical at existing prices.

2.77 Policy relating to the availability of special relief to encourage the recovery of natural gas which would otherwise be flared or vented for sale in interstate commerce.

2.78 2.79 Policy with respect to certification of pipeline transportation agreements. STATEMENT OF GENERAL POLICY TO IMPLEMENT PROCEDURES FOR COMPLIANCE WITH THE NATIONAL ENVIRONMENTAL POLICY ACT OF 1969 Detailed environmental statement. Compliance with the National Environmental Policy Act of 1969 under Part I of the Federal Power Act.

Utilization and conservation of natural resources-natural gas.

2.80 2.81

2.82 Compliance with the National Environmental Policy Act of 1969 under the Natural Gas Act.

STATEMENT OF GENERAL POLICY TO IMPLEMENT THE ECONOMIC STABILIZATION ACT OF 1970, AS AMENDED, AND EXECUTIVE ORDERS 11615 AND 11627

2.90 Implementation of Executive Order No. 11615.

2.90a Implementation of Executive Order No. 11627 and 6 CFR 300.016. 2.90b Implementation of Executive Order No. 11723.

2.91 Automated computer regulatory information system.

2.100 Statement of procedures prescribed for the implementation of the Alaska Natural Gas Act of 1976 (15 U.S.C. 719, et seq.)

Appendix A Appendix B Appendix C