utilities to fur public utilities to furnish to the Commission, within such reasonable time as the Commission may order, any information with respect thereto which the Commission may by order require, including copies of maps, contracts, reports of engineers, and other data, records, and papers, and to grant to all agents of the Commission free access to its property and its accounts, records, and memoranda when requested so to do. No member, officer, or employee of the Commission shall divulge any fact or information which may come to his knowledge during the course of examination of books or other accounts, as hereinbefore provided, except insofar as he may be directed by the Commission Information or by a court. [49 Stat. 854; 16 U.S.C. 825 (b)] Licensees and nish Commisformation in contracts, engiports, etc. sion with in the matter of neering re not to be Companies controlling licensees and subject to public utilities Commission (c) The books, accounts, memoranda, and records of any person who controls, directly or indirectly, a licensee or public utility subject to the jurisdiction of the Commission, and of any other company controlled by such person, insofar as they relate to transactions examination. with or the business of such licensee or public utility, shall be subject to examination on the order of the Commission. [49 Stat. 854; 16 U.S.C. 825 (c)] RATES OF DEPRECIATION account. may require Commission licensees and to carry a decount. public utilities preciation ac SEC. 302. (a) The Commission may, after hearing, require licensees 2 and public utilities to carry a proper and adequate depreciation account in accord- Depreciation ance with such rules, regulations, and forms of account as the Commission may prescribe. The Commission may, from time to time, ascertain and determine, and by order fix, the proper and adequate rates of depreciation of the several classes of property of each licensee and public utility. Each licensee and public utility shall conform its depreciation accounts to the rates so ascertained, determined, and fixed. The licensees and public utilities subject to the jurisdiction of the Commission shall not charge to operating expenses any depreciation charges on classes of property other than those prescribed by the Commission, or not be charged charge with respect to any class of property a percentage of depreciation other than that prescribed therefor by the Commission. No such licensee or public utility Commission may determine and fix rate of depreciation. charges shall Depreciation to operating expense unless authorized. 'Not applicable to State and municipal licensees. See Act of August 15, 1953 (67 Stat. 587), infra, p. 157. Jurisdiction of sion not limited State commis by this section. Commission may prescribe rules and requirements as to accounts, records, etc. Opportunity to State commis sion to present views and recommendations. Agencies of United States subject to provisions relative to accounts, records, etc. Licensees and public utilities shall file reports. Form and contents of reports may be pre scribed. shall in any case include in any form under its operating or other expenses any depreciation or other charge or expenditure included elsewhere as a depreciation charge or otherwise under its operating or other expenses. Nothing in this section shall limit the power of a State commission to determine in the exercise of its jurisdiction, with respect to any public utility, the percentage rate of depreciation to be allowed, as to any class of property of such public utility, or the composite depreciation rate, for the purpose of determining rates or charges. [49 Stat. 855; 16 U.S.C. 825a (a)] (b) The Commission, before prescribing any rules or requirements as to accounts, records, or memoranda, or as to depreciation rates, shall notify each State commission having jurisdiction with respect to any public utility involved, and shall give reasonable opportunity to each such commission to present its views, and shall receive and consider such views and recommendations. [49 Stat. 855; 16 U.S.C. 825a (b)] REQUIREMENTS APPLICABLE TO AGENCIES OF THE UNITED STATES SEC. 303. All agencies of the United States engaged in the generation and sale of electric energy for ultimate distribution to the public shall be subject, as to all facilities used for such generation and sale, and as to the electric energy sold by such agency, to the provisions of sections 301 and 302 hereof, so far as may be practicable, and shall comply with the provisions of such sections and with the rules and regulations of the Commission thereunder to the same extent as may be required in the case of a public utility. [49 Stat. 885; 16 U.S.C. 825b] PERIODIC AND SPECIAL REPORTS SEC. 304. (a) Every licensee and every public utility shall file with the Commission such annual and other periodic or special reports as the Commission may by rules and regulations or order prescribe as necessary or appropriate to assist the Commission in the proper administration of this Act. The Commission may prescribe the manner and form in which such reports shall be made, and require from such persons specific answers to all questions upon which the Commission may need information. The Commission may require that such reports shall include, among other things, full information as to assets and liabilities, capitalization, net investment, and reduction thereof, gross receipts, interest due and paid, depreciation, and other reserves, cost of project and other facilities, cost of maintenance and operation of the project and other facilities, cost of renewals and replacement of the project works and other facilities, depreciation, generation, transmission, distribution delivery, use, and sale of electric energy. The Commission may require any such person to make adequate provision for currently determining such costs and other facts. Such reports shall be made under oath unless the Commission otherwise specifies. [49 Stat. 855-856; 16 U.S.C. 825c (c)] (b) It shall be unlawful for any person willfully to hinder, delay, or obstruct the making, filing, or keeping of any information, document, report, memorandum, record, or account required to be made, filed, or kept under this Act or any rule, regulation, or order thereunder. [49 Stat. 856; 16 U.S.C. 825c (b)] OFFICIALS DEALING IN SECURITIES; INTERLOCKING DIRECTORATES any officer or SEC. 305. (a) It shall be unlawful for director of any public utility to receive for his own benefit, directly or indirectly, any money or thing of value in respect of the negotiation, hypothecation, or sale by such public utility of any security issued or to be issued by such public utility, or to share in any of the proceeds thereof, or to participate in the making or paying of any dividends of such public utility from any funds properly included in capital account. [49 Stat. 856; 16 U.S.C. 825d (a)] (b) After six months from the date on which this Part takes effect, it shall be unlawful for any person to hold the position of officer or director of more than one public utility or to hold the position of officer or director of a public utility and the position of officer or director of any bank, trust company, banking association, or firm that is authorized by law to under Authorization write or participate in the marketing of securities of a public utility, or officer or director of any company supplying electrical equipment to such public utility, unless the holding of such positions shall have been authorized by order of the Commission, upon due showing in form and manner prescribed by the Commission, that neither public nor private interests will by Commission. be adversely affected thereby. The Commission shall not grant any such authorization in respect of such positions held on the date on which this Part takes effect, unless application for such authorization is filed with the Commission within sixty days after that date. [49 Stat. 856; 16 U.S.C. 825d (b)] may be granted Complaints concerning licensees and public utilities. Answer to complaint. Investigation of complaint. Investigation by Commission COMPLAINTS SEC. 306. Any person, State, municipality, or State commission complaining of anything done or omitted to be done by any licensee or public utility in contravention of the provisions of this Act may apply to the Commission by petition which shall briefly state the facts, whereupon a statement of the complaint thus made shall be forwarded by the Commission to such licensee or public utility, who shall be called upon to satisfy the complaint or to answer the same in writing within a reasonable time to be specified by the Commission. If such licensee or public utility shall not satisfy the complaint within the time specified or there shall appear to be any reasonable ground for investigating such complaint, it shall be the duty of the Commission to investigate the matters complained of in such manner and by such means as it shall find proper. [49 Stat. 856; 16 U.S.C. 825e] INVESTIGATIONS BY COMMISSION; ATTENDANCE OF WITNESSES; DEPOSITIONS SEC. 307. (a) The Commission may investigate any facts, conditions, practices, or matters which it may find necessary or proper in order to determine whether any person has violated or is about to violate any may investigate provisions of this Act or any rule, regulation, or order thereunder, or to aid in the enforcement of the provisions of this Act or in prescribing rules or regulations thereunder, or in obtaining information to Commission any facts, con ditions, or practices which it finds necessary. a Any person may file state ment concern ing matters subject to in vestigation. serve as a basis for recommending further legislation concerning the matters to which this Act relates. The Commission may permit any person to file with it statement in writing under oath or otherwise, as it shall determine, as to any or all facts and circumstances concerning a matter which may be the subject of investigation. The Commission, in its discretion, may publish or make available to State commissions information concerning any such subject. [49 Stat. vestigations. 856-857; 16 U.S.C. 825f (a)] may publish information con Commission cerning its in Member of Commission may administer mations, subsub-compel their at oaths and affir pena witnesses, tendance, etc. (b) For the purpose of any investigation or any other proceeding under this Act, any member of the Commission, or any officer designated by it, is empowered to administer oaths and affirmations, pena witnesses, compel their attendance, take evidence, and require the production of any books, papers, correspondence, memoranda, contracts, agreements, or other records which the Commission finds relevant or material to the inquiry. Such attendance of witnesses and the production of any such records may be required from any place in the United States at any designated place of hearing. Witnesses summoned by the Commis- Designated sion to appear before it shall be paid the same fees ing. and mileage that are paid witnesses in the courts of the United States. [49 Stat. 857; 16 U.S.C. 825f(b)] place of hear Fees and mileage of witnesses. Aid of may be invoked in cases of con tumacy or refusal to obey subpena. order appear (c) In case of contumacy by, or refusal to obey a subpoena issued to, any person, the Commission may invoke the aid of any court of the United States within the jurisdiction of which such investigation or proceeding is carried on, or where such person resides or carries on business, in requiring the attendance and testimony of witnesses and the production of books, papers, correspondence, memoranda, contracts, agreements, and other records. Such court may issue an order requiring such person to appear before the Commission or member or officer designated by the Commission, there to produce records, if so ordered, or to give testimony touching the matter under investigation or in question; and any failure to obey such order of the court may be punished by such court as a contempt thereof. All process in any such case may be served in the judicial district whereof such person is Service of an inhabitant or wherever he may be found or may Court may ance of witproduction of nesses and records. Failure to obey order punish able as a con tempt. process. |