16.3 Additional information. The Commission may require additional information when it appears to be pertinent in a particular case.*†

PART 20-AUTHORIZATION OF THE ISSUANCE OF SECURITIES BY LICENSEES AND COMPANIES SUBJECT TO SECTIONS 19 AND 20 OF THE FEDERAL POWER ACT

Section 20.1 Authorization by Commission. No licensee of the Commission which is a public-service company and no other company coming within the provisions of section 19 or section 20 of the Federal Power Act shall issue any securities maturing more than one year from the date of issue, without first complying with the provisions of §§ 34.1-34.10 and securing the approval of the Commission to said issue: Provided, however, That, pursuant to sections 19 and 20 of the said Act, in case a State in which such licensee or other company included within the provisions of this section is operating in the public service shall have provided a commission or other agency for the regulation and control of the amount and character of securities to be issued by such licensee or company, or in case the power or any part thereof generated by such licensee shall enter into interstate commerce and the States concerned agree, through their properly constituted authorities, on the amount or character of securities proposed for issuance by any licensee or other company coming within the provisions of section 20 of the said Act, approval of the Commission is not required. (Secs. 301 (b), 308, 309, 49 Stat. 854, 858; 16 U.S.C., Sup., 825 (b), 825g, 825h: interprets secs. 19, 20, 41 Stat. 1073; U.S.C. 812, 813) [Sec. 20.1, R. & Regs., June 1, 1938]

CROSS REFERENCE: For applications for authorization of the issuance of securities or the assumption of liabilities, see Part 34.

PART 24-DECLARATION OF INTENTION

Section 24.1 Filing. Each declaration of intention under the provisions of section 23 (b) of the Act shall be filed in triplicate in conformity with §§ 1.80-1.85. The declaration shall give the name and post office address of the person to whom correspondence in regard to it shall be addressed, and shall be accompanied by:

(a) A brief description of the proposed project and its purposes, including such data as height of dams, storage capacity of reservoirs, installed capacity of the project, and probable effect on present or prospective navigation;

(b) A sketch map (one tracing and two blueprints), of any convenient size and scale, showing the stream or streams to be utilized and the approximate location of the project.

(c) Statement of proposed method of operation of project and power interconnections contemplated. (Secs. 301 (b), 308, 309, 49 Stat. 854, 858; 16 U.S.C., Sup., 825 (b), 825g, 825h; sec. 23 (b), 49 Stat. 846; 16 U.S.C., Sup., 817) [Sec. 24.1, R. & Regs., June 1, 1938]

**For statutory and source citations, see note to § 16.1.

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PART 25-APPLICATION FOR VACATION OF WITHDRAWAL AND FOR DETERMINATION PERMITTING RESTORATION TO ENTRY

Sec.

25.1 Contents of application.

Sec.

25.2 Hearings.

Section 25.1 Contents of application. An application for vacation of a reservation effected by the filing of an application for preliminary permit or license, or for a determination permitting restoration to entry under the provisions of section 24 of the Act, of such lands, or lands reserved or classified as power sites, may be filed directly with the Commission at its offices in Washington, D. C., at any of its regional or field representatives' offices, or at local land offices, for forwarding to the Commission. No form is prescribed for such application, but the lands shall be described by legal subdivisions, and the applicant shall present a showing relative to the propriety of restoring such lands and the use to which it is proposed to put the lands if restored to entry. (Secs. 301 (b), 308, 309, 49 Stat. 854, 858; 16 U.S.C., Sup., 825 (b), 825g, 825h: interpret sec. 24, 49 Stat. 846; 16 U.S.C. 818 and Sup.) [Sec. 25.1, R. & Regs., June 1, 1938]

CROSS REFERENCE: For entries subject to section 24 of the Federal Power Act, see 43 CFR Part 103.

25.2 Hearings. A hearing upon such an application may be ordered by the Commission in its discretion and shall be in accordance with the provisions of §§ 1.150-1.155. (Secs. 301 (b), 308, 309, 49 Stat. 854, 858; 16 U.S.C., Sup., 825 (b), 825g, 825h: interpret sec. 24, 49 Stat. 846; 16 U.S.C. 818 and Sup.) [Sec. 25.2, R. & Regs., June 1, 1938]

NOTE 1: On April 17, 1922, the Commission made the following general determination:

(a) That where lands of the United States have heretofore been, or hereafter may be, reserved or classified as power sites, such reservation or classification being made solely because such lands are either occupied by power transmission lines or their occupancy and use for such purposes has been applied for or authorized under appropriate laws of the United States, and such lands have otherwise no value for power purposes, and are not occupied in trespass, the Commission determines that the value of such lands so reserved or classified, or so applied for or authorized, will not be injured or destroyed for the purposes of power development by location, entry, or selection under the public land laws, subject to the reservation of section 24 of the Federal Water Power Act (41 Stat. 1075; 16 U.S.C. 818).

(b) That when notice is given to the Secretary of the Interior of reservations made under the provisions of section 24 of the Federal Water Power Act, such notice shall indicate what lands so reserved, if any, may, in accordance with the determination of the preceding paragraph, be declared open to location, entry, or selection, subject to the reservation of said section 24. Second Annual Report, page 128.

NOTE: On February 16, 1937, the Commission took the following action: CONSENT TO ESTABLISHMENT OF GRAZING DISTRICTS, ISSUANCE OF GRAZING PERMITS, AND LEASING FOR GRAZING PURPOSES UNDER THE ACT OF JUNE 28, 1934, AS AMENDED, GOVERNMENT LANDS RESERVED FOR POWER PURPOSES

Upon request under date of November 2, 1936, by the acting director, Division of Grazing, Department of the Interior, for consent of the Commission, pursuant to the Act of June 28, 1934 (48 Stat. 1269), to the establishment of

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grazing districts and the issuance of grazing permits on lands of the United States withdrawn, classified, or otherwise reserved for power purposes, except in those instances where grazing will interfere with such purposes; and Upon request under date of December 7, 1936, by the Acting Secretary of the Interior, for consent of the Commission, pursuant to the Act of June 28, 1934 (48 Stat. 1269), as amended by the Act of June 26, 1936 (49 Stat. 1976), to the leasing under section 15 of said Act as amended, of isolated tracts of lands of the United States, withdrawn for power purposes;

The Commission upon consideration of the matter finds and determines: That the establishment of grazing districts, the issuance of grazing permits, and the leasing for grazing purposes, under said Act as amended, of lands of the United States theretofore or thereafter withdrawn, classified, or otherwise reserved for power purposes, but not including lands embraced within the project area of any power project theretofore licensed by the Commission or otherwise authorized by the United States, will not injure or destroy the value of such lands for the purposes of power development nor otherwise abridge the jurisdiction of the Commission; Provided, That such grazing districts shall be established and such permits and leases for grazing permits issued subject to the following conditions:

(1) That the establishment of the grazing district or the issuance of the grazing permit or lease for grazing purposes shall in no wise diminish or affect the jurisdiction of the Commission at any time to issue permits or licenses pursuant to the provisions of the Federal Power Act (49 Stat. 838; 16 U.S.C., Sup., 791-819); and that the issuance by the Commission of a license shall immediately and automatically terminate such grazing district, permit, or lease for grazing purposes as to all lands within the project area described in such license;

(2) That the establishment of the grazing district or the issuance of the grazing permit or lease for grazing purposes involving lands withdrawn for power purposes shall in no wise diminish or affect the jurisdiction of the Commission at any time to make further determinations that the value of any of such lands for the purposes of power development will not be injured or destroyed by location, entry or selection, as provided by section 24 of the Act, and none of such lands shall be declared open, otherwise than as hereinbefore provided, to location, entry or selection except upon such further determination by the Commission; and any such further determination shall immediately and automatically terminate such grazing district, permit, or lease for grazing purposes as to any lands involved in such further determination.

Now, therefore, the Commission consents to the establishment of such grazing districts and the issuance of grazing permits and leases for grazing purposes of lands of the United States reserved for power purposes subject to the conditions hereinabove set out;

Provided, however, That this determination and consent shall be effective for lands embraced within grazing districts, as of the date of the establishment of such districts, and for isolated tracts of lands leased for grazing purposes, it shall be in effect when such leases are issued, provided that notice thereof is received by this Commission from the General Land Office, Department of the Interior, within 30 days thereafter, such notice to include full legal description of the lands withdrawn for power purposes which are involved.

CROSS REFERENCE: For regulations of the General Land Office relating to grazing, see 43 CFR Part 160.

PART 32-INTERCONNECTION OF FACILITIES; EMER-
GENCIES; TRANSMISSION TO FOREIGN COUNTRY

T

Section 32.1 Contents of application. Every application under section 202 (b) of the Act shall set forth the following information: (a) The exact legal name of the applicant and of all persons named as parties in the application.

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

(c) The person named in the application who is a public utility subject to the Act.

(d) The State or States in which each electric utility named in the application operates, together with a brief description of the business of and territory, by counties and States, served by such utility.

(e) Description of the proposed interconnection, showing proposed location, capacity and type of construction.

(f) Reasons why the proposed connection of facilities will be in the public interest.

(g) What steps, if any, have been taken to secure voluntary interconnection under the provisions of section 202 (a) of the Act.*t

*88 32.1 to 32.4, 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 (b), 49 Stat. 848; 16 U.S.C., Sup., 824a (b).

†In §§ 32.1 to 32.38, inclusive, the numbers correspond with the respective section numbers in Rules of practice and regulations, Federal Power Commission, June 1, 1938.

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

Exhibit A. Statement of the estimated capital cost of all facilities required to establish the connection, and the estimated annual cost of operating such facilities.

Exhibit B. A general or key map on a scale not greater than 20 miles to the inch showing, in separate colors, the territory served by each utility, and the location of the facilities used for the generation and transmission of electric energy, indicating on said map the points between which connection may be established most economically.*+

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**For statutory and source citations, see note to § 32.1.

32.3 Other information. The Commission may require additional information when it appears to be pertinent in a particular

case.**

32.4 Form and style; number of copies. An application under §§ 32.1-32.4 must conform to the requirements of §§ 1.80-1.94, except that five copies of the application and exhibits or other papers filed are required.**

APPLICATION FOR EMERGENCY CONNECTIONS OF FACILITIES

32.20 Definition of emergency. "Emergency", as used in section 202 (d) of the Federal Power Act, is defined to mean the failure of facilities for the generation or transmission of electric energy caused by breakdown, weather conditions, acts of God, or other unforeseen occurrences, not reasonably within the power of the utility affected to prevent, resulting in the cutting off or curtailment of the electric service, or rendering such utility unable to provide adequate service for its customers.***

**88 32.20 to 32.24, 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. 202 (c), (d), 49 Stat. 849; 16 U.S.C., Sup., 824a (c), (d).

32.21 Reports of temporary connections. When, due to an emergency as defined in §§ 32.20-32.24, any temporary connection of transmission facilities is made, all persons whose transmission facilities are thus temporarily interconnected shall give written notice in triplicate thereof to the Commission within 15 days from the date when such temporary connection was made, and state in said notice the reason for such temporary connection, and the location and character of each interconnection. Likewise, a written notice in triplicate shall be given by such parties to the Commission of the fact and date of discontinuance of such temporary connection within 15 days after such discontinuance. In cases where temporary connections are continued for more than 10 days, or temporary reconnections are made, reports in triplicate shall thereafter be made to the Commission at the end of each week as to—

(a) The location and character of each interconnection being maintained.

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

(c) What steps have been taken or are being taken to relieve the conditions that made the emergency connection necessary.

Every such temporary emergency connection shall be discontinued and all such temporary construction removed or otherwise disposed of, upon the termination of the emergency, unless application is made as hereinafter provided for permanent connection for emergency use.***

32.22 Application for permanent connection for emergency use. Application for Commission approval of a permanent connection for emergency use only shall conform with the requirements of

**For statutory and source citations, see note to § 32.1.

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