Lapas attēli

subscribed and certified it shall, together with two copies thereof 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 of the deposition and copies, the Commission will file the deposition in the record in said proceeding, and forward one copy to the party at whose instance the deposition has been taken or his attorney, and the other copy to the opposing party or his attorney. When the deposition is taken at the instance of more than one party, or there is more than one opposing party, the copies will be forwarded by the Commission to the parties or their attorneys designated for that purpose in advance.**

1.144 Fees of officers and witnesses. Witnesses whose depositions are taken and the officers taking same, shall be entitled to the same fees as are paid for like services in the courts of the United States, which fees shall be paid by the party at whose instance the depositions are taken.**


1.150 How ordered. Hearings may be ordered by the Commission in its discretion, either upon its own motion, or upon the motion of any party to the proceeding. Witnesses will be examined orally, unless the testimony is taken by deposition, as provided in $$ 1.1401.144 or the facts are stipulated in the manner provided for in $$ 1.120, 1.121.**

1.151 Notice of hearing. Appropriate public notice of any hearing will be given. The notice will state the nature of the matters to be heard, the time and place of the hearing, and, if designated, the name of the Commissioner, examiner, or other representative before whom the testimony is to be taken or the evidence produced. Such notice will be mailed to the parties to the proceeding, to State or other governmental authorities having official interest in the proceeding.**

1.152 Appearances. The presiding Commissioner, examiner, or other representative before whom the hearing is held will enter upon the record all appearances, with a notation in whose behalf the appearance is made.*+

1.153 Order of procedure. At hearings on formal complaints, the complainant shall open and close. At hearings upon applications, the applicant shall open and close. At hearings on investigations, the presiding Commissioner, examiner, or other representative may direct who shall open and close. In hearings on several proceedings on a consolidated record the presiding Commissioner, examiner, or other representative shall designate who shall open and close. Interveners shall follow the parties in whose behalf the intervention is made, and in all cases where the intervention is not in support of either original party, the presiding Commissioner, examiner, or other representative will designate at what stage such intervener shall be heard.*+

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*For statutory citation, see note to § 1.0.

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1.154 Calling for further evidence. At any stage of the hearing, or after the close of testimony, the presiding Commissioner, examiner, or other representative 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 of the Commission, either at that hearing or at a further hearing. At the hearing, the Commissioner, examiner, or other representative presiding, if he deems advisable, may authorize any party to the proceeding to file specific documentary evidence as a part of the record within

a time to be fixed by him, but which shall expire not less than 10 days before the date fixed for filing and serving briefs.**

1.155 Closing of record. Except as provided in § 1.154, the Commissioner, examiner, or other representative conducting the hearing will not receive in evidence or consider as part of the record any document, letter, or other writing submitted after the close of testimony, and will so advise the sender.**

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1.160 Copies not furnished by the Commission. The Commission will make provision for a stenographic record of the proceeding and for such copies of the transcript as it requires for its own purposes, but no copies will be furnished to parties by the Commission.**


1.170 Oral argument. If oral argument before the presiding Commissioner, examiner, or other representative is desired, he should be so notified before or at the hearing, and he may arrange to hear the argument at the close of the testimony. He may impose such limits of time on the argument as he may determine, having regard for other assignments for hearing before him. Such argument will be transcribed and bound with the transcript of testimony and will be available to the Commission for consideration in deciding the

case. **

1.171 Forms and style of briefs. Briefs must comply with the requirements of $$ 1.80–1.85. The date of each brief must appear on the front cover or title page.

Each brief should contain an abstract of the evidence relied upon by the party filing it, preferably assembled by subjects with reference to the pages of the record or exhibit where the evidence appears. It should include requests for such specific findings as the party thinks the Commission should make.*7

1.172 Arrangement of contents. The brief should contain a concise statement of the case, which should precede the abstract of evidence. The abstract of evidence should precede the argument. Exhibits should not be reproduced in the brief, but if desired

may be reproduced in the appendix of the brief. Analyses of such exhibits should be included in the abstract of evidence under the subjects to which they pertain. Every brief of more than 20 pages should contain on its front leaves a subject index with page references, and a list of all cases cited, alphabetically arranged, with references to the pages where the citations appear.**

*For statutory citation, see note to § 1.0. *For statutory citation, see note to § 1.0.

1.173 Filing; service; number of copies. At the close of the testimony in each case, the presiding Commissioner, examiner, or other representative will, within his discretion, fix the time for filing and service of the respective briefs, depending upon the magnitude of the issues involved. ` All briefs should be filed simultaneously. Only one initial brief shall be filed by each party. All briefs must be accompanied by notice showing service upon all parties or their attorneys who appeared at the hearing or on brief, and 15 copies of each brief shall be furnished for the use of the Commission.**

1.174 Reply briefs. The presiding Commissioner, examiner, or other representative shall fix for all parties the same time within which to file their reply briefs. Parties who fail to file an opening or initial brief as required by $ 1.173 will not be permitted, except upon leave granted, to file reply to the brief of an opposing party.*+


RECONSIDERATION, OR MODIFICATION OF AN ORDER 1.180 Petition; filing; service. An application for further hearing in a proceeding before final submission, for reopening a proceeding, after final submission, or for rehearing, reargument, or reconsideration after decision, must be made by petition, under oath, stating specifically the grounds relied upon, filed with the Commission, and served by the petitioner upon all parties to the proceeding or their attorneys of record.*+

1.181 Statement as to new evidence. If the application be for further hearing before final submission, or for reopening the proceeding to take further evidence, the nature and purpose of the evidence to be adduced must be briefly stated, and it must appear not to be merely cumulative.**

1.182 Specification of errors. If the application be for rehearing, reargument, or reconsideration, the matters claimed to have been erroneously decided must be specified, and the alleged errors briefly stated. If the order of the Commission is sought to be vacated, reversed, or modified by reason of matters which have arisen since the hearing, or of a consequence which would result from compliance therewith, the matters relied upon by the petitioner must be set forth in the petition.**

1.183 Time of filing. A petition for rehearing must be filed within 30 days after service of the order therein.**

1.184 Form and style; service. Applications under $$ 1.1801.184 must conform to the requirements of 88 1.80-1.94.**


1.190 When Sunday and holiday not included. When the time prescribed by the rules in this subchapter and Part 200 for doing any act expires on a Sunday or legal holiday, such time shall extend to and include the next succeeding day that is not a Sunday or legal holiday.**

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ACCESS TO COMMISSION'S RECORDS 1.200 Formal dockets. Dockets open to public inspection, except as hereinafter provided, will be maintained by the Commission containing all formal documents and proceedings with reference to all cases pending before the Commission under the Federal Power Act.**

1.201 Applications for permits and licenses. Information with respect to applications for preliminary permits, licenses, and amendments, under Part I of the Federal Power Act (49 Śtat. 838; 16 U.S.C., Sup., 791-819) other than the information shown in the application (excluding the exhibits) and general description of project and general project maps, will not be made public without consent of the applicant except upon a showing satisfactory to the Commission of the public necessity or desirability therefor, regardless of their inclusion in a formal docket.**

1.202 Reports and statements. Annual reports of public utili. ties and licensees, and statements relating to the cost or value of licensed projects, filed with the Commission under oath, will be available for public inspection. Other reports and statements made to the Commission by public utilities, licensees, or others may be withheld from public inspection in the discretion of the Commission.**

1.203 Hours for inspection. Dockets and other records open for public inspection may be inspected during office hours of the Commission insofar as consistent with the proper discharge of the Commission's duties.**


1.210 Charge. Copies of documents available for public inspection, and of other documents with the consent of the party who filed the same, will be furnished upon request and payment of charges therefor. Charges will be based upon cost. A schedule of charges will be furnished upon request. An additional charge of 25 cents will be made for each certification of documents by the Secretary of the Commission.**

NOTICE OF COMPLIANCE 1.220 Filing. When, by any provision of the rules in this subchapter and Part 200 or by an order of the Commission in a proceeding before it, or by a provision in a license or permit, a licensee or public utility is required to perform any act (e. g., commence construction of a project, complete construction of a project, make entries on its books of account, etc.) it shall, unless otherwise provided by the rules in this subchapter and Part 200 or by an order of the Commission, or by a provision in a license or permit, file with the Commission within 30 days following the date when such requirement became effective, a notice, under oath, stating that such requirement has been met or complied with.*+


*For statutory citation, see note to $ 1.0.





Determination of cost of projects Application for license for pro-

constructed under license

posed major project or minor

4.1 Initial cost statement.

part thereof

4.2 Substance.

4. 40 Contents.

4.3 Report on project cost.

4. 41 Required exhibits.

4.4 Service of report.

4. 42 Specifications for drawings.

4.5 Time for filing protest.

Application for license for con-

4.6 Burden of proof.

structed major project or minor

4. 7 Finding and final statement.

part thereof

Determination of fair value of

4. 50 Contents.

constructed projects, under sec-

4. 51 Additional exhibits.

tion 23 (a) of the Act

Application for license for minor

4. 10 Valuation data.

4. 11 Reports.


4. 12 Service of report.

4. 60 Contents.

4. 13 Time for filing protest.

Application for license for trans-

4. 14 Hearing upon report.

mission line only

Determination of cost of con- 4.70 Contents.

structed projects not subject to 4.71 Required exhibits.

section 23 (a) of the Act 4. 75 Application for license for electric

4. 20 Initial statement.

lines (11,000 volts or less) in Na.

4. 21 Reports.

tional Forests.

4. 22 Service of report.

Application for preliminary per-

4. 23 Time for filing protest.

mit and amendments thereof

4. 24 Determination of cost.

4. 80 Who may file.

4. 25 Finding and final statement.

4. 81 Manner of filing.

Application for license; general 4.82 Contents of application.


4.83 Hearings on applications.

4. 30 Who may file.

4. 84 Amendments.

4. 31 Manner of filing.

4. 85 Issuance.

4. 32 Hearing on application.

4.86 Construction work under permit.

4. 33 Issuance and acceptance.


Section 4.1 Initial cost statement. When a project is constructed

under a license issued under the Act, the licensee shall file within

1 year after the original project is ready for service, an initial state-

ment, under oath, with four additional conformed copies thereof,
showing the amount claimed by the licensee as the actual legitimate

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