§§ 32.1-32.4, and, in addition, shall state in full the reasons why such permanent connection for emergency use is necessary in the public interest.**

32.23 Reports of emergency use of permanent connections. Where the Commission has authorized permanent connection for emergency use only, weekly reports shall be made to the Commission of any emergency use of such facilities showing

(a) The location of each interconnection in service.

(b) The date such use commenced and ended.

(c) Full facts and details making the use of the interconnection

necessary.

(d) The amount of electrical energy received and transmitted over each interconnection during each day of the week, and the consideration received or paid therefor.

(e) What steps have been taken or are being taken to relieve the condition that made the emergency use of the connection necessary.*† 32.24 Form and style; number of copies. Applications under §§ 32.30-32.38 shall conform to the requirements of §§ 1.80-1.94.*†

APPLICATION FOR AUTHORIZATION TO TRANSMIT ELECTRIC ENERGY TO A FOREIGN COUNTRY

32.30 Who shall apply. The owner of a source of supply of electric energy who proposes to transmit any portion of such energy from the United States to a foreign country or who has entered or proposes to enter into a contract for the sale of electric energy to be so transmitted, and the transmitter thereof, are necessary parties to an application for the authorization sought under this rule.**†

**

*§§ 32.30 to 32.38, inclusive, issued under the authority contained in secs. 301 (b), 308, 309, 49 Stat. 854, 858; 16 U.S.C., Sup., 825 (b), 825g, 825h: interpret sec. 202 (e), 49 Stat. 849; 16 U.S.C., Sup., 824a (e).

32.31 Time of filing. Each application shall be made at least 30 days in advance of the proposed transmission, except where otherwise ordered by the Commission for good cause shown, and the original application shall be signed and verified under oath by an executive officer or officers of the applicant or applicants having knowledge of the matters therein set forth.**†

32.32 Contents of application. Every application shall set forth in the order indicated the following:

(a) The exact legal name of the applicant.

(b) The name, title, and post-office address of the person to whom correspondence in regard to the application shall be addressed.

(c) The State or Territory under the laws of which the applicant was organized. If incorporated under the laws of, or authorized to operate in more than one State, all pertinent facts should be included.

(d) The name of the purchaser of the energy, its proposed use in the foreign country, and the rates proposed to be charged to the foreign purchaser together with rates charged by the applicant for similar service if rendered in the United States.

Page 48

*For statutory citation, see note to § 32.20. **For statutory citation, see note to § 32.30.

(e) A statement of the source, amount, and nature of the energy to be so transmitted, the point of delivery, voltage, phase, and frequency, and the facilities to be used both in the generation and transmission of such energy.

(f) The amount of electric energy transmitted into the United States from a foreign country by the applicant, its source and nature, how and where it is used, and the rates paid for such energy.

(g) Statement of the reasons why the proposed transmission would not impair the sufficiency of electric supply within the United States and would not impede or tend to impede the coordination in the public interest of facilities subject to the jurisdiction of the Commission.*t

32.33 Required exhibits. There shall be filed with the application and as a part thereof the following exhibits:

Exhibit A. Copy of agreement under which the energy is to be transmitted and all other written instruments pertaining thereto. (Every agreement entered into in the future shall contain a provision that in case of war or other emergency, as provided in section 202 of the Act, the same is terminable upon the order of the Commission.)

Exhibit B. A showing, including signed opinion of counsel, that such transmission of energy is within the corporate powers of the applicant, and that the applicant has complied with State laws.

Exhibit C. A general or key map on a scale not greater than 20 miles to the inch, showing the location of the facilities used for the generation and transmission of electric energy to be transmitted. Whenever possible, this map should not be over 30 inches in its largest dimension.

Exhibit D. Where an applicant resides or has its principal office without the United States, such applicant shall designate by irrevocable power of attorney an agent residing within the United States. upon whom service of notice and process with respect to transmission of electric energy may be had; copies of such power of attorney shall be furnished, one of which shall be verified.*t

32.34 Other information; exceptions. Where the application is for authority to export less than 1,000,000 kilowatt-hours annually, applicants need not furnish the information called for in § 32.32 (e), and § 32.33, exhibit C. The applicant shall be prepared within 2 weeks after filing the application to furnish such additional information as the Commission may deem pertinent.**

32.35 Transferability. Authorizations granted pursuant to section 202 (e) of the Act shall not be transferable or assignable except with the prior approval of the Commission upon application made in conformity with the rules of the Commission in this subchapter and Part 200: Provided, That any person acquiring by involuntary transfer (including receivers, trustees, or purchasers under foreclosure or judicial sale) the facilities of a person who has made an application upon which authorization has been granted may continue such transmission subject to the terms and conditions of such authorization, if notice of such transfer is promptly given to the Commission in writing accompanied by a statement that the physical facts relating to suffi

*For statutory citation, see note to § 32.30.

Page 49

ciency of supply, rates and nature of use are substantially the same as stated in the initial application for such authorization.*†

32.36 Authorization not exclusive. No authorization granted pursuant to section 202 (e) of the Act shall be deemed to prevent authorization being granted to any other person to transmit electric energy for the same use, or to prevent any other person from making application for such authorization.**

32.37 Form and style; number of copies. Applications under §§ 32.30-32.38 shall comply with §§ 1.80-1.94.*†

32.38 Filing rate schedules and annual reports. Persons authorized to transmit electric energy from the United States shall file all rate schedules, supplements, notices of succession in ownership or operation, notices of cancellation, and certificates of concurrence with respect to such energy in the form and manner specified in the provisions of §§ 35.1-35.12.**

PART 33-APPLICATION FOR SALE, LEASE, OR OTHER DISPOSITION, MERGER OR CONSOLIDATION OF FACILITIES, OR FOR PURCHASE OR ACQUISITION OF SECURITIES OF A PUBLIC UTILITY

Forms under rules of practice and regulations, Federal Power Act: See Part 200.

Rules of practice and procedure: See Part 1.

Section 33.1 Applicability. The requirements of this part will apply to public utilities seeking authority under section 203 of the

Federal Power Act.****

**§§ 33.1 to 33.10, inclusive, issued under the authority contained in secs. 301 (b), 308, 309, 49 Stat. 854, 858; 16 U.S.C., Sup., 825 (b), 825g, 825h: interpret sec. 203, 49 Stat. 849; 16 U.S.C., Sup. 824b.

††In §§ 33.1 to 33.10, inclusive, the numbers correspond with the respective section numbers in Rules of practice and regulations, Federal Power Commission, June 1, 1938.

33.2 Contents of application. Each such applicant shall set forth in its application to the Commission, in the manner and form and in the order indicated, the following information which should, insofar as possible, be furnished as to said applicant and each company whose facilities or securities are involved:

(a) The exact name and the address of the principal business

office.

(b) The State or other sovereign power under which incorporated, the respective dates of incorporation, and the States in which domesticated.

Page 50

*For statutory citation, see note to § 32.30.

(c) Name and address of the person authorized to receive notices and communications in respect to application.

(d) The names, titles, and addresses of the principal officers.

(e) A description of the general character of the business done and to be done, together with a designation of the territories served, by counties and States.

(f) A general statement briefly describing the facilities owned or operated for transmission of electric energy in interstate commerce or the sale of electric energy at wholesale in interstate commerce.

(g) A brief reference to any license from the Federal Power Commission.

(h) A statement as of the date of the balance sheet submitted with application showing for each class and series of capital stock: (1) Brief description.

(2) The amount authorized (face value and number of shares). (3) The amount outstanding (exclusive of any amount held in the treasury).

(4) Amount held as reacquired securities.

(5) Amount pledged.

(6) Amount owned by affiliated corporations.

(7) Amount held in any fund.

(i) A statement as of the date of the balance sheet submitted with application showing for each class and series of funded debt: (1) Brief description.

(2) The amount authorized.

(3) The amount outstanding (exclusive of any amount held in the treasury).

(4) Amount held as reacquired securities.

5) Amount pledged.

(6) Amount owned by affiliated corporations.

(7) Amount in sinking and other funds.

Whether the application is for disposition of facilities by sale, lease, or otherwise, a merger or consolidation of facilities, or for purchase or acquisition of securities of a public utility, also a description of the consideration, if any, and the method of arriving at the amount thereof.

(k) A statement of facilities to be disposed of, consolidated, or merged, giving a description of their present use and of their proposed use after disposition, consolidation, or merger. State whether the proposed disposition of facilities or plan for consolidation or merger includes all the operating facilities of the parties to the transaction.

(1) A statement of the book cost and original cost, if known, of the facilities involved, in the case of the sale, lease, or other disposition of, or merger or consolidation of facilities. If the value of such facilities has been fixed or found by a court or commission, such value should also be shown together with the amounts of additions, retirements, adjustments, etc., from date of valuation to date of the balance sheet (see § 200.40) accompanying the application.

If original cost is not known, an estimate of original cost based, insofar as possible, upon records or data of the applicant or its prede

Page 51

cessors must be furnished, together with a full explanation of the manner in which such estimate has been made, and a description and statement of the present custody of all existing pertinent data and records. A statement showing the cost of all additions and betterments, and retirements from the date as of which the original cost is shown should also be furnished.

(m) A statement as to the effect of the proposed transaction upon any contract for the purchase, sale, or interchange of electric energy. (n) Names and addresses of counsel who have passed upon the legality of the proposed sale, lease or other disposition of facilities, or merger or consolidation of facilities, or purchase or acquisition of securities of a public utility, and names and addresses of any firms of which they, or any of them, are members.

(o) A statement as to whether or not any application with respect to the transaction or any part thereof is required to be filed with any other Federal or State regulatory body.

(p) The facts relied upon by applicants to show that the proposed disposition, merger, or consolidation of facilities or acquisition of securities will be consistent with the public interest.

(q) A brief statement of franchises held, showing date of expiration if not perpetual.**

33.3 Required exhibits. There shall be filed with the application as part thereof one certified copy and five uncertified copies of exhibits A, B, C, and D, and one certified copy and five uncertified copies plus one for each State affected of exhibits E, F, G, H, I, J, K, L, and M, described as follows:

Exhibit A. A copy of the charter or articles of incorporation with amendments to date.

Exhibit B. A copy of the by-laws with amendments to date.

Exhibit C. Copies of all resolutions of directors authorizing the proposed disposition, merger, or consolidation of facilities, or acquisition of securities, in respect to which the application is made, and, if approval of stockholders has been obtained, copies of the resolutions of the stockholders should also be furnished.

Exhibit D. Copies of all mortgages, trusts, deeds, or indentures, securing any obligation of each party to the transaction.

Exhibit E. A signed copy of opinion of counsel in respect to legality of the proposed transaction.

Exhibit F. A statement of the measure of control or ownership exercised by or over each party to the transaction as to any public utility, or bank, trust company, banking association, or firm that is authorized by law to underwrite or participate in the marketing of securities of a public utility, or any company supplying electric equipment to such party. Where there are any intercorporate relationships through holding companies, ownership of securities or otherwise, the nature and extent of such relationship; also state whether any of the parties to the transaction have officers or directors in common. If not a member of any holding company system, include a statement to that effect.

Exhibit G. Balance sheets with supporting fixed capital or plant schedules in conformity with §§ 200.40, 200.41.

Page 52

**For statutory and source citations, see note to § 33.1.