(2) Offices. The principal office of the Commission is at Washington, D.C. All communications to the Commission: shall be addressed to Federal Power Commission, Washington 25, D.C., unless otherwise specifically directed. Regional offices are maintained at Atlanta, Chicago, Fort Worth, New York, and San Francisco.

(b) Hours. The offices of the Commission will be open from 8:30 a.m. to 5:00 p.m. of each week-day except Saturday, unless otherwise provided by statute or Executive order.

(c) Sessions. The Commission meets and exercises its powers in any part of the United States.

(1) Public. Public sessions of the Commission will be held after due notice as ordered by the Commission. (See §§ 1.3 and 1.3a).

(2) General. General sessions of the Commission for the transaction of its business will be held at the principal office of the Commission at Washington, D.C., on regular business days as scheduled by the Commission.

(3) Special. Special sessions of the Commission for consultation, or for the transaction of business, may be held at any time and place as may be scheduled by the Commission.

(d) Quorum. Three members of the Commission constitute a quorum for the transaction of business.

(e) Action by members or representatives. The Commission may, by one or more of its members especially authorized, or by such other representatives as it may designate and authorize, conduct in any part of the United States any inquiry, investigation, hearing or other process necessary to its duties and functions.

(f) Definitions. As used in this Part, except as otherwise required by the context:

(1) "Person" means and shall include individuals, partnerships, corporations, associations, joint stock companies, public trusts, organized groups of persons, whether incorporated or not, receivers or trustees of the foregoing, municipalities, including cities, counties, or other political subdivisions of a State, States of the Union, including the District of Columbia or any territory of the United States, or any agency, authority or instrumentality of the United States, or of any one or more of the foregoing, or any corporation which is wholly owned directly or indirectly, by the United

States, or by any one or more of the foregoing, or any officer, agent, or employee of any of the foregoing acting as such in the course of his official duty.

(2) "Participant" means and shall include any party, any person admitted by the Commission to limited participation in a proceeding, and staff counsel.

(3) "Commission" and "Commissioner" means the Federal Power Commission, and a member thereof, respectively.

(4) "Secretary" means and shall include the Secretary, the Acting Secretary, or the Office of the Secretary of the Commission.

(5) "State Commission" means and shall include the regulatory body of any State or municipality having jurisdiction to regulate rates and charges for the sale of electric energy or natural gas to consumers within the State or municipality.

(6) "Presiding Officer" means and shall include any one or more of the members of the Commission duly designated, but not including the Commission when sitting as such, or one or more trial examiners appointed according to law and duly designated, to preside at hearings or conferences, or other officers specially provided for and designated pursuant to statute to conduct specified classes of proceedings.

(7) "Attorney" means and shali include any attorney admitted to practice before the Supreme Court of the United States, or the highest court of any State or Territory of the United States, or the United States Court of Appeals for the District of Columbia, or the District Court of the United States for the District of Columbia, or any other person with the requisite qualifications to represent others, who acts in a representative capacity for any party or participant to a proceeding before the Commission.

(8) "Applicants." In proceedings involving applications for permission or authorization which the Commission may give under statutory or other authority delegated to it, the parties on whose behalf the applications are made are styled applicants.

(9) "Declarants." In proceedings involving declarations of intention filed under the provisions of section 23(b) of the Federal Power Act, the parties on whose behalf the declarations are made are styled declarants. (See Part 24 of this chapter.)

Persons who (10) "Complainants." complain to the Commission of anything

done or omitted to be done in contravention or violation of the provisions of any Statute or other delegated authority administered by the Commission, or of any orders, rules, or regulations issued or promulgated thereunder, or any other alleged wrong over which the Commission may have jurisdiction, are styled complainants.

(11) "Petitioners." Persons seeking relief, not otherwise designated in this section, are styled petitioners.

subject

(12) "Defendants." Persons to any statute or other delegated authorIty administered by the Commission, or any orders, rules, or regulations issued or promulgated thereundor, against whom any complaint is filed, are styled defendants.

(13) "Interveners." Persons petitioning to intervene as provided by § 1.8, when admitted as a participant to a proceeding, and State Commissions giving notice of intervention as provided in said section, are styled interveners. Admission as an intervener shall not be construed as recognition by the Commission that such intervener might be aggrieved by any order of the Commission in such proceeding.

(14) "Protestants." Persons objecting on the ground of private or public interest to the approval of an application, petition, motion or other matter which the Commission may have under consideration, are styled protestants. Protestants desiring to become interveners in any proceeding before the Commission may file a petition for intervention as provided by § 1.8.

(15) "Respondents." Persons subject to any statute or other delegated authority administered by the Commission, to whom an order or notice is issued by the Commission instituting a proceeding or investigation on its own initiative, are styled respondents.

(16) "Staff Counsel" means and shall include the counsel of the Commission participating in a proceeding before the Commission.

(17) "Filings and submittals." For the purpose of this paragraph and § 1.36, filings and submittals include the following: (i) Applications, declarations, complaints, petitions, and other papers seeking Commission action; (ii) financial and statistical and other reports to the Commission, power system statements, statements of claimed cost of licensed projects, original cost and reclassification studies, proposed accounting entries,

7

certificates of notification (under se 204 (e) of the Federal Power Act), or rate schedules and related data concurrences, and other filings and mittals to the Commission in compl with the requirement of any sta executive order, or Commisison regulation, order, license, or pe (iii) all answers, replies, responses jections, protests, motions, stipula exceptions, other pleadings, notices, ositions, certificates, proofs of se transcripts of oral arguments, and in any matter or proceeding; (iv) a hibits, attachments and appendice amendments and corrections of, su ments to, or transmittals or withdra of, any of the foregoing.

(18) "Matter or proceeding." Fo purpose of this paragraph and § matter or proceeding means the mission's elucidation of the rele facts and applicable law, consider thereof, and action thereupon wit spect to a particular subject withi Commission's jurisdiction, initiated filing or submittal or a Commission tice or order.

(19) "Formal record." For the pose of this paragraph and 1.36 formal record includes in addition the filings and submittals in a matt proceeding, any notice or Commi order initiating the matter or pro ing, and, if a hearing is held, the fo ing: the designation of the pres officer, transcript of hearing, all exl received in evidence, all exhibits of but not received in evidence, offe proof, motions, stipulation, subp proofs of service, references to the mission, and determinations made b Commission thereon, certifications t Commission, and anything else which action of the presiding offic the Commission may be based; it not include any proposed testi or exhibits not offered or receive evidence.

(20) "Staff papers." For the pu of this paragraph and § 1.36 staff p include the Commission staf's wo notes, papers, records, memoranda correspondence, except: Any such pa not relating to a proposed settleme to an application, permission, filir submittal under § 35.13 or § 154. this chapter, which are intended fo Commission's consideration and within the terms of § 1.36 (c) (4) subparagraph (21) of this parag

because received by the Commission in a matter or proceeding after hearing has commenced and before final Commission action; and any such papers made a part of the public rules and records by inclusion in a formal record (see subparagraph (19) of this paragraph, and said § 1.36 (c) (4)) or in any Commission memorandum or correspondence which is part of the public files and records (see subparagraphs (21) and (22) of this paragraph and said § 1.36 (c)).

(21) "Commission memoranda." For the purpose of this paragraph and § 1.36, Commission memoranda include all written communications from the staff or a presiding officer which are intended for the Commission's consideration and all those to the staff or a presiding officer which are signed or transmitted by or on behalf of the Chairman, a Commissioner, the Secretary, or the Executive Director.

(22) "Commission correspondence." For the purpose of this paragraph and § 1.36, Commission correspondence inIcludes all written communications and enclosures received from others than the staff and intended for the Commission or sent to others than the staff and signed by the Chairman, a Commissioner, the Secretary, the Executive Director, or other authorized official, except those which are purely personal.

(g) Public information. Requests for information may be addressed to the Office of Public Information at the Commission's headquarters in Washington, D.C. Public records are available for public inspection and copying at that office, as provided in § 1.36. Pleadings and other official filings are made as provided in § 1.2(c). A description of the facilities available for public reference and the procedures that may be employed to obtain information, copies of public records or to secure informal advice and assistance from or consultation with members of the staff on problems relating to the statutes and regulations administered by the Commission is contained in the material published in Part 3 of this chapter.

[Order 141, 12 F.R. 8471. Dec. 19, 1947, as amended by Order 175, 19 F.R. 5213, Aug. 18, 1954: Order 186, 21 FR. 2613. Apr. 24, 1956; Order 194-A. 21 PR. 10335. Dec. 27, 1956: Order 351, 32 F.R. 10062, July 8, 1967; Order 562, 42 FR 14699, Mar. 16, 1977]

§ 1.2 The Secretary.

(a) Official records. (1) The Secretary shall have custody of the Commission's seal, the minutes of all action

taken by the Commission, the transcripts, electronic recordings or minutes of meetings closed to public observation, its rules and regulations and its administrative orders.

(2) The Records Officer shall have custody of all records of the Commission except those designated in subparagraph (1) of this paragraph.

(b) Authentication of Commission action. All orders and other actions of the Commission shall be authenticated or signed by the Secretary or such other person as may be authorized by the Commission.

(c) Pleadings and submittals. Pleadings and other submittals or papers shall be filed in the Office of the Secretary of the Commission at Washington, D.C., within such time limits as are prescribed for such filings.

[Order 141, 12 F.R. 8472, Dec. 19, 1947, as amended by Order 248. 27 F R. 5606, June 13, 1962; Order 351, 32 F.R. 10062, July 8, 1967; Order 562, 42 FR 14699, Mar. 16, 1977]

66* * *

(a) Definitions. In this section: (1) "Agency", as defined in 5 U.S.C. 551(1) as 66* * * each authority of the Government of the United States, whether or not it is within or subject to review by another agency, ***" includes any executive department, military department, Government corporation, Government controlled corporation, or other establishment in the executive branch of the Government (including the Executive Office of the President), or any independent regulatory agency ***" (5 U.S.C. 552(e)) which is headed by a collegial body composed of two or more individual members, a majority of whom are appointed to such position by the President with the advice and consent of the Senate, and any subdivision thereof authorized to act on behalf of the agency;

(2) "Meeting" means the deliberations of at least the number of individual members of the Federal Power Commission required to take action on behalf of

the Commission where such deliberations determine or result in the joint conduct or disposition of official Commission business, but does not include deliberations required or permitted by paragraphs (d) (3) and (f) of this section;

(3) "Member" means an individual who belongs to the collegial body heading the Federal Power Commission; and

(4) "Staff" includes the employees of the Federal Power Commission other than the five Commissioners.

(b) Open meetings. (1) Every portion of every meeting of the Federal Power Commission will be open to public observation subject to the exemptions provided in paragraph (d) (1) of this section. Open meetings will be attended by the Commissioners, certain Commission staff, and any other individual or group desiring to observe the meeting. The public will be invited to observe and listen to the meeting but not to participate nor to record any any of the discussions by means of electronic or other devices or cameras. Documents being considered at Commission meetings may be obtained subject to the procedures and exemptions set forth in § 1.36 of this Part.

(2) Commission members shall not jointly conduct or dispose of agency business other than in accordance with this section.

(c) Physical arrangements. The Secretary shall be responsible for seeing that ample space, sufficient visibility, and adequate acoustics are provided for public observation of the Commission meetings.

(d) Closed meetings. (1) Meetings will be closed to public observation where the Commission properly determines, according to the procedures set forth in paragraph (d) (3) of this subsection, that such portion or portions of the meeting or disclosure of such information is likely to:

(i) Disclose matters that are (A) specifically authorized under criteria established by an Executive order to be kept secret in the interests of national defense or foreign policy and are (B) in fact properly classified pursuant to such Executive order;

(ii) Relate solely to the internal personnel rules and practices of an agency;

(iii) Disclose matters specifically exempted from disclosure by statute (other than 5 U.S.C. 552), provided that such statute (A) requires that the matters be withheld from the public in such a manner as to leave no discretion on the issue,

or (B) establishes particular criteria for withholding or refers to particular types of matters to be withheld;

(iv) Disclose the trade secrets and commercial or financial information obtained from a person and privileged or confidential, which may include geological or geophysical information and data, including maps, concerning wells;

(v) Involve accusing any person of a crime, or formally censuring any person; (vi) Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy, including personnel and medical files and similar files;

(vii) Disclose investigatory records compiled for law enforcement purposes, or information which if written would be contained in such records, but only to the extent that the production of such records or information would (A) interfere with enforcement proceedings, (B) deprive a person of a right to a fair trial or an impartial adjudication, (C) constitute an unwarranted invasion of personal privacy, (D) disclose the identity of a confidential source and, in the case of a record compiled by a criminal law enforcement authority in the course of a criminal investigation, or by an agency conducting a lawful national security intelligence investigation, confidential information furnished only by the confidential source, (E) disclose investigative techniques and procedures, or, (F) endanger the life or physical safety of law enforcement personnel;

(viii) Disclose information contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of an agency responsible for the regulation or supervision of financial institutions;

(ix) Disclose information the premature disclosure of which would:

(A) In the case of an agency which regulates currencies, securities, commodities, or financial institutions, be likely to (i) lead to significant financial speculation in currencies, securities, or commodities, or (ii) significantly endanger the stability of any financial institution; or

(B) In the case of any agency, be likely to significantly frustrate implementation of a proposed agency action, except that paragraph (d) (1) (ix) (B) shall not apply in any instance where the agency has already disclosed to the public the content or nature of its proposed action, or where the agency is required by law to make such disclosure on

its own initiative prior to taking final agency action on such proposal; or

(x) Specifically concern the Commission's issuance of a subpoena, or the Commission's participation in a civil action or proceeding, an action in a foreign court or international tribunal, or an arbitration, or the initiation, conduct, or disposition by the Commission of a particular case of formal agency adjudication pursuant to the procedures in 5 U.S.C. 554 or otherwise involving a determination on the record after opportunity for a hearing.

(2) Commission meetings shall not be closed pursuant to paragraph (d)(1) of this section when the Commission finds that the public interest requires that tney be open.

(3) (i) Action to close a meeting, or portion thereof, pursuant to the exemptions defined in paragraph (d)(1) of this section shall be taken only when a majority of the entire membership of the Commission votes to take such action. A separate vote of the Commission members shall be taken with respect to each Commission meeting a portion or portions of which are proposed to be closed to the public or with respect to any information which is proposed to be withheld. A single vote may be taken with respect to a series of meetings, a portion or portions of which are proposed to be closed to the public, or with respect to any information concerning such series of meetings, so long as each meeting in such series involves the same particular matters and is scheduled to be held no more than thirty days after the initial meeting in such series. The vote of each Commission member participating in such vote shall be recorded and no proxies shall be allowed.

(ii) Whenever any person whose interests may be directly affected by a portion of a meeting requests that the Commission close such portion to the public for any of the reasons referred to in paragraph (d) (1) (v), (d) (1) (vi), (d) (1) (vii) of this section, the Commission, upon request of any one of its members, shall vote by recorded vote whether to close such meeting.

(iii) Within one day of any vote taken pursuant to paragraph (d) (3) (i) or (d) (3) (ii) of this section, the Secretary of the Commission shall make publicly available a written copy of such vote reflecting the vote of each member on the question. If a portion of a meeting is to be closed to the public, the Secretary

shall, within one day of the vote taken pursuant to paragraph (d) (3) (i) or (d) (3)(ii) of this section, make publicly available a full written explanation of the Commission's action closing the portion together with a list of all persons expected to attend the meeting and their affiliation. The information required by this paragraph shall be disclosed except to the extent that it is exempt from disclosure under the provisions of paragraph (d) (1) of this section.

(e) Transcripts. (1) Prior to a determination that a meeting should be closed pursuant to paragraph (d) of this section, the General Counsel of the Commission shall publicly certify that, in his or her opinion, the meeting may be closed to the public and shall state each relevant exemptive provision. A copy of such certification, together with a statement from the presiding officer of the meeting setting forth the time and place of the meeting, and the persons present, shall be retained by the Secretary of the Commission as part of the transcript, recording, or minutes required by paragraph (e) (2) of this section.

(2) The Secretary shall maintain a complete transcript or electronic recording adequate to record fully the proceedings of each meeting, or portion of a meeting, closed to the public, except that in the case of a meeting, or portion of a meeting, closed to the public pursuant to paragraphs (d) (1) (viii), (d) (1) (ix) (A), or (d)(1)(x) of this section, the Secretary shall maintain either such a transcript or recording, or a set of minutes. Such minutes shall fully and clearly describe all matters discussed and shall provide a full and accurate summary of any actions taken, and the reasons therefor, including a description of each of the views expressed on any item and the record of any roll-call vote (reflecting the vote of each member on the question). All agenda documents considered in connection with any Commission action shall be identified in such minutes.

(3) The Secretary shall maintain a complete verbatim copy of the transcript, a complete copy of the minutes, or a complete electronic recording of each meeting, or portion of a meeting, closed to the public, for a period of at least two years after such meeting, or until one year after the conclusion of any Commission proceeding with respect to which the meeting or portion was held, whichever occurs later.