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34.7 Verification. The original application shall be signed by a person having authority with respect thereto and having knowledge of the matters therein set forth, and shall be verified under oath.**
34.8 Reports. Upon the granting of any application under 88 34.1-34.10 by the Commission, the applicant shall report to the Commission under oath, within 10 days after any such issue or assumption of liability, the fact of such issue or assumption of liability, the terms and conditions thereof and any amount realized from such issue. The applicant shall further make reports within 15 days after every June 30 and every December 31 showing for the 6 month period ended on the above dates the proceeds realized from the sale, and the disposition of any money to be realized, until the entire proceeds shall have been accounted for. A report in the form outlined in $ 200.43 showing the face value, the proceeds and the expenses (itemized) of the issue shall be made at the earliest practicable date.**
34.9 Commission action. Application under $8 34.1-34.10 will ordinarily require 30 days after the date of filing before final action can be taken thereon by the Commission, to allow for such preliminary study, investigation, public notice, opportunity for hearing, and consideration by the Commission, as may be appropriate in the premises.**
34.10 Publicity. In any document, prospectus, or publicity relating to the offering or sale of securities hereunder, any reference to the authorization by the Commission of the issuance of such securities shall include a qualifying statement to the effect that the Commission's authorization was subject to the provision that such authorization shall not be construed to imply any guarantee or obligation on the part of the United States in respect of such securities.**
CERTIFICATE OF NOTIFICATION
34.20 Time of filing. The facts relating to any transaction to which section 204 (e) of the Act is applicable shall be reported to the Commission within 10 days after the date of such transaction in accordance with 8 200.50.***
**$8 34.20 to 34.24, 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. 204 (e), 49 Stat. 851; 16 U.S.C., Sup., 824c (e).
34.21 Additional information. The Commission may require additional information when it appears to be pertinent in a particular case.***
34.22 Form and style. Certificates under $8 34.20–34.24 shall conform to the requirements of S$ 1.80–1.85.***
34.23 Number of copies. An original and five copies, plus one copy for each State affected, of certificates under $8 34.20–34.24 shall be submitted.***
34.24 Verification. The original certificate shall be signed by a person or persons having authority with respect thereto and having knowledge of the matters therein set forth, and shall be verified under oath.***
*For statutory citation, see note to 34.1. **For statutory citation, see note to g 34.20.
PART 35_FILING OF RATE SCHEDULES
Sec. 35.1 Definition.
35.9 Protests and complaints against 35.2 Effective rates and charges.
rate changes. 35.3 Filing of rate schedules, rates, 35.10 Number of copies of rate sched
ules to be supplied. charges.
35.11 Form and style of rate schedules. 35,4 Identification and numbering of
35.12 Filing date. rate schedules.
Licensee to file all contracts, 35.5 Notice of cancellation.
agreements, rate schedules, re35.6 Notice of succession.
lating to sale at wholesale of 35.7 Rates established by order of the
or mechanical Commission.
horespower 35.8 Posting for public inspection. 35.20 Filing.
Forms under rules of practice and regulations, Federal Power Act: See Part 200. Rules of practice and procedure: See Part 1.
Section 35.1 Definition. The term "rate schedule" as used herein shall include and mean any contract, agreement, lease of facilities or other writing, including supplements thereto, which specifies or affects the rates
and charges to be assessed or collected for the transmission or sale of electric energy subject to the jurisdiction of the Commission, or which establishes any rule, regulation, classification, or practice affecting such rates and charges or the service rendered or to be rendered.*+
*88 35.1 to 35.20, 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. 205, 49 Stat. 851; 16 U.S.C., Sup., 824d.
In 88 35.1 to 35.20, inclusive, the numbers correspond with the respective section numbers in Rules of practice and regulations, Federal Power Commission, June 1, 1938.
35.2 Effective rates and charges. No public utility shall directly or indirectly demand, collect, or receive, for the transmission or sale of electric energy subject to the jurisdiction of the Commission, or for the lease or utilization of any facilities subject to the jurisdiction of the Commission, any rate or charge different from that prescribed in its rate schedule or schedules actually on file with the Commission, unless the Commission shall, for good cause shown, otherwise provide by order.**
35.3 Filing of rate schedules, rates, charges-(a) Obligation to file. Every public utility shall post and file with the Commission full and complete rate schedules clearly, and specifically setting forth all rates and charges for any transmission or sale of electric energy, the classification, practices and regulations affecting such rates, and all contracts which affect or relate to such rates, charges, classifications, or services as required by section 205 (c) of the Federal Power Act (49 Stat. 851; 16 U.S.C., Sup., 824d (c)). Where two or more public utilities are parties to the same rate schedule, each public utility furnishing service, transmitting, selling, pooling, or interchanging electric energy shall post and file such rate schedule, or the rate schedule may be filed by one such public utility and all other parties having an obligation to file may post and file a certificate of concurrence on the form indicated in § 200.52. **For statutory and source citations, see note to g 35.1.
(b) Newly established rates and charges. Unless otherwise provided by order of the Commission, every rate or charge for the transmission or sale of electric energy subject to the jurisdiction of the Commission, as well as any classification, practice, or regulation affecting such rate or charge and any contract or agreement which affects or relates to such rate, charge, classification, regulation or service which has not theretofore been in effect, shall be posted and filed with the Commission not less than 10 days prior to the date upon which it is to become effective.
(c) Changes in filed rates and charges. All rate schedules making a change in any rate, charge, classification, or service, on file with the Commission, or in any rule, regulation or contract relating thereto shall be posted and filed with the Commission not less than 30 days prior to the proposed effective date thereof, unless a shorter period of time is authorized by the Commission; and as to each proposed change there shall be submitted to the Commission
(1) A statement outlining the reasons for the proposed change and the desirability thereof;
(2) Pertinent data supporting the statements in (1), and
(3) An estimate of the probable sales and revenue under the rate after the proposed change becomes effective for a period of 12 months thereafter.
(d) Changes in rate schedules to be indicated. All rate schedules making a change in any existing rate schedule on file with the Commission shall state plainly the change, or changes, to be made. The following symbols, which shall appear in the margin opposite each paragraph, shall be used to indicate changes in the superseding rate schedule.
(e) Rates and charges made effective prior to date of filing upon order of the Commission. For good cause shown and upon application duly made at the time of filing, the Commission may by order provide that any rate schedule, charge, classification or service, or rule, regulation, practice, or contract relating thereto, shall be effective as of a date prior to the date of filing.**
35.4 Identification and numbering of rate schedules. (a) Every rate schedule filed will be numbered in the office of the Commission and the filing public utility advised of the Rate Schedule FPC number. Whenever a rate schedule offered for filing, changes, alters or modifies any rate, charge, classification, or service, or any rule, regulation or contract relating thereto or provides additionally for a rate, charge, classification or service, or any rule, regulation, or contract relating thereto, but is dependent upon and amendatory of an existing rate schedule, it will be designated as a supplement to the existing rate schedule and will be so numbered.
(b) Every rate schedule offered for filing with the Commission under this rule shall show on a title page, which shall be otherwise blank, (1) the name of the filing utility, (2) the names of other utilities receiving or rendering service under the rate schedule, and (3) a brief description of the service to be provided thereunder.**
**For statutory and source citations, see note to 8 35.1. **For statutory and source citations, see note to 35.1.
35.5 Notice of cancellation. When a rate schedule, rate, charge, classification, or service, or any rule, regulation, or contract relating thereto and on file with the Commission is proposed to be cancelled and no new rate schedule is filed in its place, except as hereinafter provided, each public utility required to file the schedule shall formally notify the Commission of the proposed cancellation on the form indicated in $ 200.53 at least 30 days prior to the proposed effective date of such cancellation; and shall therewith submit a statement showing the reasons therefor and that notice has been served upon each utility that is a party to the rate schedule. A copy of such notice to the Commission shall be duly posted. For good cause shown, the Commission may permit notice of cancellation to be filed within less than 30 days of the proposed effective date thereof.**
35.6 Notice of succession. Whenever, the name of a public utility is changed, or its operating control is transferred to another public utility in whole or in part, or a receiver or trustee is appointed to operate any public utility, the exact name of the public utility, receiver, or trustee which will operate the property thereafter shall be filed within 30 days thereafter with the Commission on the form indicated in $ 200.51.**
35.7 Rates established by order of the Commission. Every rate schedule filed to make effective the rates, charges, classifications or services or any rule or regulation relating thereto, established in conformity with an order of the Commission shall bear the following additional notation on the title page, e. g.:
Issued in Compliance with an Order
of the Federal Power Commission
Entered. --day of. *+
35.8 Posting for public inspection. A true copy of every rate schedule required to be filed with the Commission shall be posted by each public utility, not later than the date of filing with the Commission, by keeping such rate schedules open and available for public inspection in a convenient form and place, during ordinary business hours at its principal and district or division offices in the territory served. +
35.9 Protests and complaints against rate changes. Every protest and complaint concerning any rate, charge, classification or service, or any rule, regulation or contract relating thereto may be filed at any time prior to the date upon which such rate, charge, classification or service, or rule, regulation, or contract relating thereto is proposed to become effective.**
35.10 Number of copies of rate schedules to be supplied. Six copies of every rate schedule, certificate of concurrence, notice of succession in ownership or operation, and notice of cancellation submitted for filing must be supplied to the Commission. All copies are to be included in one package, together with a letter of transmittal listing all rate schedules included, and addressed to the Federal Power Commission, Washington, D. C.**
Page 61 PART 39COOPERATIVE PROCEDURE WITH STATE
35.11 Form and style of rate schedules. All rate schedules filed under this rule must be printed, or if printed copies are not available, must be typewritten on paper 812 inches wide by 11 inches long. Photostatic copies on white paper, in lieu of written or printed copies, may be filed. All copies must be clear and legible and complete as to signatures, dates, and other essential data. The Commission reserves the right to reject any rate schedule that does not meet the requirements of this section. **
35.12 Filing date. By filing date is meant the date on which a rate schedule submitted by a public utility is received in the office of the Secretary of the Commission, unless rejected by the Commission for failure to comply with provisions of the rules of practice and regulations in this subchapter and Part 200.*+
LICENSEE TO FILE ALL CONTRACTS, AGREEMENTS, RATE SCHEDULES, RELAT
ING TO THE SALE AT WHOLESALE OF ELECTRIC ENERGY OR MECHANICAL HORSEPOWER
35.20 Filing. Every licensee shall file with the Commission a full and complete copy of every rate schedule, tariff, contract, or agreement, and all supplements thereto, providing for the sale at wholesale (whether for consumption, resale, or any other use whatsoever by the purchaser) of electric energy or mechanical horsepower generated or developed through the facilities of the licensed project: Provided, however, That rate schedules, contracts, agreements, etc., filed pursuant to the provisions of $ 35.3 need not be filed additionally under the requirements of this section.*+
Sec. 39.1 Notice of institution of proceeding. 39.4 Procedure governing joint hear39.2 Procedure governing joint confer- ings.
39.5 Special procedure may be pre39.3 Procedure governing matters re- scribed in each case.
ferred to a board.
NOTE: Section 209 of the Federal Power Act (49 Stat. 853; 16 U.S.C., Sup., 824h) authorizes cooperation between the Federal Power Commission and the State commissions of the several States in the administration of said Act. Subsection (a) authorizes the reference of any matter arising in the administration of Part II of the Act to a board to be composed of a member or members from the State or States affected or to be affected by particular matters pending before the Federal Power Commission. Subsection (b) authorizes conferences with State commissions regarding the relationship between rate structures, costs, accounts, charges, practices, classifications, and regulations of public utilities subject to the jurisdiction of such State commissions and of the Federal Power Commission, and joint hearings with State commissions in connection with any matter with respect to which the Federal Power Commission is authorized to act.
Obviously, it is impossible to determine in advance what matters should be the subject of a conference, what matters should be referred to a board, and what matters should be heard at a joint hearing of State commissions and
**For statutory and source citations, see note to s 35.1.