(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

Sec. 2.14

2.15 2.16

Conservation of natural resources. Specified reasonable rate of return. Inclusion of construction work in progress in rate base of electric utilities.

2.17 Price determination and anticompetitive effect (price squeeze issue). STATEMENTS OF GENERAL POLICY AND INTERPRETATIONS UNDER THE NATURAL GAS ACT 2.51 Export of small volumes of natural gas for non-utility use.

Suspension of rate schedules.
Certificate applications.

2.52
2.53
2.55 Definition of term used in section 7(c).
2.56 Area price levels for natural gas sales
by independent producers

2.56a National rates for sales of natural gas from wells commenced on or after January 1, 1973, and certain other sales.

2.56b National rate for sales of natural gas from wells commenced prior to January 1, 1973.

2.57 Temporary certificates-pipeline companies.

2.58 Budget-type certificate applications— gas-purchase facilities.

2.59 Pipeline rate proceedings-procedure. 2.60 Facilities and activities during an emergency-accounting treatment of defense-related expenditures. 2.61 Pipeline companies-natural gas re

serves-deliverability life. 2.62 Pipeline certificate proceedings-procedure.

2.63 Express refund conditions in certain temporary certificates of public convenience and necessity issued to independent producers of natural gas. 2.64 Independent producers; transfer of 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.

and the general public that the proceeding to which the notice or order relates has been instituted before the Commission. The mailing of individual copies shall be confined to that which is required by law, by the Commission's rules and regulations, or by other considerations deemed valid by the Secretary in specific instances

(1) It is the policy of the Commission to publish notice in the FEDERAL REGISTER upon the institution of the following proceedings before the Commission:

(i) Natural gas pipeline companies and public utility rate schedules and tariffs. (A) Initial rate schedule filings and changes in rates schedules proposed by public utilities and changes in rate schedules or tariffs proposed by natural gas pipeline companies, including purchased gas adjustment clauses.

(B) Changes in rates proposed by natural gas pipeline companies for field sales.

(C) The filing of proposed settlement, agreements by natural gas pipeline companies and public utilities.

(D) The filing, either by motion or petition, of proposed modifications of settlement agreements or proposed amendments to settlement orders, as referred to in paragraph (a) (1) (i) (C) of this section.

(E) Tracking rate schedule or tariff filings made pursuant to settlement agreements.

(F) Rate schedule or tariff filings made by natural gas pipeline companies or public utilities in compliance with Commission orders.

(G) Reports of refunds by natural gas pipeline companies and public utilities.

(H) Settlement agreements which are placed into the hearing record and certified by the Presiding Administrative Law Judge to the Commission.

(I) Complaints against natural gas pipeline companies and public utilities, unless otherwise directed.

(11) Interconnections, service and exportation pursuant to the Federal Power Act. (A) Applications for interconnection and service under section 202(b).

(B) Applications for interconnection and service under section 202(c), unless otherwise directed.

(C) Applications for interconnections for emergency use only under section 202(d), unless otherwise directed.

(D) Applications pursuant to section 207.

(E) Applications for authority to export electric energy to a foreign country under section 202(e).

(iii) Hydroelectric, Federal Power Act. (A) Applications for preliminary permits pursuant to section 4(f).

(B) Applications for licenses for constructed or unconstructed projects, or notice of declaration of intention, sections 4(e), 23(a) (b).

(C) Applications for amendment of license, unless otherwise directed.

(D) Application for relicenses or nonpower licenses, or a recommendation for takeover, sections 14 and 15.

(E) Applications for transfer of 11cense, section 8.

(F) Applications for surrender of license. section 6.

(G) Proceeding for revocation or termination of license, sections 6, 13, 26. (H) Issuance of annual licenses, section 15.

(I) Lands withdrawn pursuant to an application for preliminary permit or license, and the vacation of such land withdrawals, section 24.

(J) Complaints against licensees, unless otherwise directed.

(iv) Corporate electric. (A) Applications pursuant to sections 203, 204, of the Federal Power Act, and applications or complaints pursuant to section 305 of the Federal Power Act.

(v) Accounting, gas and electric. (A) Applications pursuant to sections 4, 23, 301, and 302 of the Federal Power Act.

(B) Applications pursuant to sections 8 and 9 of the Natural Gas Act.

(vi) Federal rates. (A) Application for confirmation and approval of rate schedules for Federal hydroelectric projects.

(vii) Natural gas pipeline certificates, exportations, and importations, Natural Gas Act. (A) Applications for exemption under section 1 (c).

(B) Applications for authorization to import and export gas under section 3.

(C) Applications for orders directing physical connection of facilities and sale of natural gas under section 7(a).

(D) Applications for permission and approval to abandon under section 7(b). (E) Applications for permanent certificates under section 7(c).

(F) Settlement agreements in certificate cases.

(G) Complaints against natural gas pipeline companies, filed by individuals and companies, unless otherwise directed.

(viii) Independent producers. (A) Orders suspending rates for independent

producers and initiating a hearing thereon.

(B) Filing of offers of settlement.

(C) Small producer applications and petitions for relief relating to small producer matters.

(D) Petitions for special relief under the Commission's area rate opinions.

(ix) Presidential permits, gas and electric. (A) Applications for permits under Executive Order No. 10485 (3 CFR, 1949-1954 Comp., p. 970).

(x) Environmental statements. (A) Notice to be published pursuant to Order series 415.

(xi) Miscellaneous, gas and electric. (A) Order instituting an investigation in which hearings are fixed or in which an opportunity is given for filing comments or petitions to intervene.

(B) Show cause order, in which hearings are fixed or in which an opportunity is given fo: filing comments or petitions to intervene.

(C) Order or notice consolidating proceedings for hearing purposes or severing a proceeding formerly consolidated for hearing purposes.

declaratory

(D) Applications for order, disclaimers of jurisdiction, or waiver of Commission regulations, unless otherwise directed.

(E) Requests for redesignation pursuant to § 3.5(a) (26) of this subchapter, unless otherwise directed.

(F) Requests for extension of time pursuant to § 3.5(a) (10) of this subchapter, unless otherwise directed.

(G) Consolidations and severance pursuant to § 3.5(a) (6) of this subchapter, unless otherwise directed.

(H) Notice of correction of a document in any of the above categories.

(I) Notice of meetings of advisory committees established by the Commission.

(J) Notices of conferences in docketed rulemaking proceedings.

(K) Such other notices or orders as may be submitted by the Secretary for publication.

(2) "Otherwise directed," as referred to above, shall be interpreted to mean notice given by the discretion of the Secretary.

(b) After notice has been given, the service of formal documents issued in a proceeding shall be confined to the parties of record or their attorneys, and the mailing of information copies shall be confined to that which is required by the Commission's rules and regulations,

by courtesy in response to written requests for copies, or by other considerations deemed valid by the Secretary in specific instances.

(Secs. 308, 309; 49 Stat. 858; 16 U.S.C. 825g, 825h; secs. 15, 16; 52 Stat. 829, 830; 15 U.S.C. 717n, 7170) [Order 211, 24 FR 1345, Feb. 21, 1959, as amended by Order 463, 37 FR 28054, Dec. 20, 1972; 38 FR 3192, Feb. 2, 1973] § 2.1a Public suggestions, comments, proposals on substantial prospective regulatory issues and problems.

(a) The Commission by this policy statement explicitly encourages the public, including those persons subject to regulation by the Commission, to submit suggestions, comments, or proposals concerning substantial prospective regulatory policy issues and problems, the resolution of which will have a substantial impact upon those regulated by the Commission or others affected by the Commission's activities. This policy is intended to serve as a means of advising the Commission on a timely basis of potential significant issues and problems which may come before it in the course of its activities and to permit the Commission an early opportunity to consider argument regarding policy questions and administrative reforms in a general context rather than in the course of individual proceedings.

(b) Upon receipt of suggestions, comments, or proposals pursuant to paragraph (a) of this section and § 1.7(e) of this Title, the Commission shall review the matters raised and take whatever action is deemed necessary with respect to the filing, including, but not limited to, requesting further information from the filing party, the public, or the staff, or prescribing an informal public conference for initial discussion and consultation with the Commission, a Commissioner, or the Staff, concerning the matter(s) raised. In the absence of a notice of proposed rulemaking, any conferences or procedures undertaken pursuant to this section shall not be deemed by the Commission as meeting the requirements of the Administrative Procedure Act with respect to notice of rulemakings, but are to be utilized by the Commission as initial discussions for advice as a means of determining the need for Commission action, investigation or study prior to the issuance of a notice of proposed rulemaking to the extent required by the Administrative Procedure Act, 5 U.S.C. 553.

(c) Persons wishing to file comments, proposals, or suggestions for consideration pursuant to this policy shall file in accordance with the provisions of §1.7(e) of the Commission's Rules (18 CFR 1.7(e)).

(d) A person may not invoke this policy as a means of advocating ex parte before the Commission a position in a proceeding pending at the Commission and any such filing will be rejected. Comments must relate to general conditions in industry or the public or policies or practices of the Commission which may need reform, review, or initial consideration by the Commission.

[Order No. 547, 41 FR 15004, Apr. 9, 1976] STATEMENTS OF GENERAL POLICY AND INUNDER THE FEDERAL

TERPRETATIONS POWER ACT

In a public statement dated March 7, 1941, the Commission announced its determination that transmission lines which are not primary lines transmitting power from the power house or appurtenant works of a project to the point of junction with the distribution system or with the interconnected primary transmission system as set forth in section 3(11) of the act are not within the licensing authority of the Commission, and directed that future applications filed with it for such licenses be referred for appropriate action to the Federal department having supervision over the lands or waterways involved.

[Order 141, 12 F.R. 8471, Dec. 19, 1947. Redesignated by Order 147, 13 F.R. 8259, Dec. 23, 1948]

§ 2.4 Suspension of rate schedules.

The Commission approved and adopted on May 29, 1945, the following conclusions as to its powers of suspension of rate schedules under section 205 of the act:

(a) The Commission cannot suspend a rate schedule after its effective date.

(b) The Commission can suspend any new schedule making any change in an existing filed rate schedule, including any rate, charge, classification, or service, or in any rule, regulation, or contract relating thereto, contained in the filed schedule.

(c) Included in such changes which may be suspended are:

(1) Increases.

(2) Reductions.

(3) Discriminatory changes.

(4) Cancellation or notice of termination.

(5) Changes in classification, service, rule, regulation or contract.

(d) An initial rate schedule cannot be suspended.

(e) Immaterial, unimportant or routine changes will not be suspended.

(f) During suspension, the prior existing rate schedule continues in effect and should not be changed during suspension.

(g) Changes under escalator clauses may be suspended as changes in existing filed schedules.

(h) Suspension of a rate schedule, within the ambit of the Commission's statutory authority is a matter within the discretion of the Commission.

[Order 141, 12 FR. 8471, Dec. 19, 1947. Redesignated by Order 147, 13 F.R. 8259, Dec. 23, 1947]

§ 2.5 Filing of rate schedules by Public Utilities.

(a) The Commission has received number of inquiries from public utilities who are presently engaged in reviewing the status of their wholesale power sales, in the light of the recent Supreme Court decision in the Colton case, Federal Power Commission v. Southern California Edison Company, 376 U.S. 205, 11 Led. 2d 638, decided March 2, 1964, as to the manner in which the Commission would expect to treat filings made with it of existing wholesale sales which had not previously been filed with this Commission. In response to such inquiries the Commission believes it appropriate to advise all public utilities that, while it of course cannot prejudge the possible rights of interested third parties, its primary objective is in insuring that the rate schedules for all jurisdictional sales are promptly filed with this agency, as required by law, and that where such rate schedules are filed with this agency by August 1, 1964, it does not intend on its own motion to initiate any inquiry into past failures to file such schedules.

(b) In accordance with this policy the Commission, in the absence of valid objection by any interested party, will permit all existing rate schedules to be filed as initial rate schedules pursuant to the