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THORIZATION OF THE ISSUANCE
OF SECURITIES OR THE ASSUMP.
TION OF LIABILITIES

(3) If applicant is a corporation: | PART 34-APPLICATION FOR AUCopy of articles of incorporation and by-laws; the amount and classes of capital stock; nationality of officers, directors and stockholders and the amount and class of stock held by each;

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§ 34.2 Contents of application.

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(k) Statement as to underwriter's and

finder's fees, if any, as follows:

(1) The respective name and address of each underwriter, the respective amount underwritten, and the amount of the underwriter's fee therefor;

(2) The respective name and address of each known person receiving or entitled to a fee (other than an underwriter's fee) paid for services (other than attorneys, accountants and similar technical services) in connection with the negotiation or consummation of an acquisition, issue or sale of securities, or for services in securing underwriters,

(b) A general or key map on a scale not greater than 20 miles to the inch, showing the physical location and giving a full description of the facilities employed, or to be employed in the transmission of electric energy between the United States and a foreign country; (c) Statement describing every exist-sellers or purchasers of securities (which ing contract that applicant has with a foreign government, or private concerns, which in any way relate to the control or fixing of rates for the purchase, sale or transmission of electric energy and which may serve in any way to restrict or prevent competing American companies from extending their activities; also, attach certified copies of such contracts;

(d) Copies of every landing license, or permit, which has been granted applicant, or any predecessor, by a foreign government or by any of its agencies, in connection with the transmission of electric energy between the United States and a foreign country. (E.O. 8202, July 13, 1939; 4 F.R. 3243) [As added by Order 67, Nov. 3, 1939, effective Dec. 12, 1939; 4 F.R. 4540]

§ 32.52 Other information. The applicant shall furnish such additional information, in connection with the application, as the Commission may deem pertinent. (E.O. 8202, July 13, 1939; 4 F.R. 3243) [As added by Order 67, Nov. 3, 1939, effective Dec. 12, 1939; 4 F.R. 4540]

fee shall be referred to herein as a finder's fee) and the amount of such finder's fee;

(3) The affiliation, direct or indirect, through directors, officers, or stockholders, or through ownership of securities or otherwise, existing between applicant and any such underwriter or finder;

(4) Facts showing that the applicant has, in an adequate manner, publicly called for and has made appropriate and diligent effort to obtain competitive bids in connection with the underwriting and sale of the securities issued, which is the subject of the application, by publication or otherwise, and that the underwriter's bid accepted was not less favorable than that of any other bidder;

or

(5) Facts showing that such effort was without results necessitating other methods of underwriting; and that

(i) The fee to be paid does not exceed the customary fee for similar services where the parties are dealing at arm's length;

(ii) The service rendered is necessary; (iii) The remuneration is reasonable

in view of the cost of rendering the service, the time spent thereon and any other relevant factors;

(6) In case a finder's fee is involved, the facts showing the necessity for the

employment of the finder, the services rendered and the reasonableness of the fee. [As amended by Order 62, May 23, 1939 effective July 1, 1939; 4 F.R. 2183]

Subchapter B-Provisional Rules of Practice and Regulations,
Natural Gas Act

PART 50-ADMINISTRATION

PETITIONS

Intervening petitions.

Any

(d) A statement giving the name and location of the field or fields in which the

is produced and the most recent estimate of the remaining natural-gas reserves in such field or fields;

(c) If a corporation, the State or Territory under the laws of which the applicant was organized, and the town or § 50.14 city where applicant's principal office is interested State, State commission, mu- located. If applicant is incorporated unnicipality, or any representative of inter-der the laws of, or authorized to operate ested consumers or security holders, or in more than one State, all pertinent any competitor of a party to any pend- facts should be stated; ing proceeding, or any other person whose participation in a pending proceeding may be in the public interest, gas proposed to be exported or imported may petition to intervene in any proceeding pending before the Commission. Said petition to intervene must be filed with the Commission not less than 5 days next preceding the date set for public hearing in the proceeding in which petitioner seeks to intervene, Provided, however, That the Commission may on good cause being shown grant a petition to intervene when said petition is filed after the time limit for filing petitions to intervene set forth above has expired. Petitions for intervention must set forth the grounds of the proposed intervention; the position and interest of the petitioner in the proceeding; and must conform to the requirements of a formal complaint and must be subscribed and verified in the same manner as a formal complaint. (Sec. 16, 52 Stat. 830; 15 U.S.C., Sup., 7170) [As amended by Order 61, May 9, 1939, effective June 10, 1939; 4 F.R. 2004]

PART 53-APPLICATION FOR AU-
THORIZATION TO EXPORT OR
PORT NATURAL GAS

(e) If the application is for authority to export natural gas, state the name of the purchaser of the gas proposed to be exported, its proposed use in the foreign country, and the rate or rates proposed to be charged the purchaser for such gas, together with the rate or rates charged by the applicant for similar service, if rendered in the United States;

(f) If the application is for authority to import natural gas, state the name of the seller and of the producer of the gas proposed to be imported, and the rate or rates proposed to be paid by the applicant for the said gas;

(g) A description of the facilities utilized in the proposed exportation or the importation of natural gas;

(h) A statement of the reasons why the proposed exportation or importation of natural gas (1) will not be inconsistIM-ent with the public interest and (2) will not in any way impair the ability of applicant to render natural gas service at reasonable rates to its customers in the United States. (Secs. 3, 16, 52 Stat. 822, [As 830; 15 U.S.C., Sup., 717b, 7170) amended by Order 68, Nov. 3, 1939, effective Dec. 12, 1939; 4 F.R. 4541]

§ 53.3 Contents of application. Every application shall set forth in the order indicated, the following:

(a) The exact legal name of applicant; (b) The name, title, and post office address of the person to whom correspondence in regard to the application shall be addressed;

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

Exhibit A. Photostatic, or certified or the importation of natural gas to or copy of articles of incorporation and by-laws of applicant company;

Exhibit B. A detailed statement of the financial and corporate relationship existing between applicant and any other person or corporation;

Exhibit C. Statement, including signed opinion of counsel, showing that the exportation or the importation of natural gas is within the corporate powers of applicant, and that applicant has complied with State laws and with the rules and regulations of State regulatory authorities in the State or States in which applicant operates;

Exhibit D. If the application is for authority to export natural gas, copy of the contract or contracts with purchasers in the foreign country of the natural gas proposed to be exported by appli

cant;

Exhibit E. If the application is for authority to import natural gas, copy of the contract or contracts with the producer or seller in the foreign country of the natural gas proposed to be imported; Exhibit F. A general or key map on a scale not greater than 20 miles to the inch, showing the physical location of the facilities utilized in the applicant's proposed export or import operations. (Secs. 3, 16, 52 Stat. 822, 830; 15 U.S.C., Sup., 717b, 7170) [As added by Order 68, Nov. 3, 1939, effective Dec. 12, 1939; 4 F.R. 4541]

§ 53.5 Other information. The applicant shall furnish such additional information as the Commission may deem pertinent. (Secs. 3, 16, 52 Stat. 822, 830; 15 U.S.C., Sup., 717b, 7170) [As added by Order 68, Nov. 3, 1939, effective Dec. 12, 1939; 4 F.R. 4541]

APPLICATION FOR CONSTRUCTION, OPERATION, MAINTENANCE, OR CONNECTION AT INTERNATIONAL BOUNDARY OF UNITED STATES AND A FOREIGN COUNTRY, OF FACILITIES FOR EXPORTATION OR IMPORTATION OF NATURAL GAS TO OR FROM FOREIGN COUNTRIES, UNDER EXECUTIVE Order 8202, DATED JULY 13, 1939

§ 53.10 Who shall apply. Any person, firm, or corporation contemplating the construction of, or who is operating or maintaining facilities at the borders of the United States, for the exportation

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from a foreign country, shall file with the Commission an application for a Presidential Permit, in compliance with Executive Order 8202, dated July 13, 1939. (E.O. 8202, July 13, 1939; 4 F.R. 3243) [As added by Order 66, Nov. 3, 1939, effective Dec. 12, 1939; 4 F.R. 4540] CROSS REFERENCE: For full text of E.O. 8202,

see Title 3 of this Supplement.

§ 53.11 Contents of application. Every application shall set forth in the order indicated, the following:

(a) Information regarding applicant: (1) The exact legal name of applicant; (2) The name, title, and post office address of the person to whom correspondence in regard to the application shall be addressed;

(3) If applicant is a corporation:

Copy of articles of incorporation and by

laws; the amount and classes of capital stock; nationality of officers, directors, and stockholders and the amount and class of stock held by each;

(4) Is applicant company, or its transmission lines, owned wholly or in part by any foreign government or directly, or indirectly subventioned by any foreign government; or, has applicant company any understanding for such ownership or by subvention from any foreign government; if so, give full details;

(b) A general or key map on a scale not greater than 20 miles to the inch, showing the physical location and giving a full description of the facilities employed, or to be employed in the exportation or importation of natural gas at the international boundary;

(c) Statement describing every existing contract that applicant has with a foreign government, or private concerns, which in any way relate to the control or fixing of rates for the purchase, sale or transportation of natural gas and which may serve in any way to restrict or prefrom extending their activities; also, atvent competing American companies tach certified copies of such contracts;

(d) Copies of every landing license, or permit, which has been granted applicant, or any predecessor, by a foreign government or by any of its agencies, in connection with the exportation or importation of natural gas. (E.O. 8202,

July 13, 1939; 4 F.R. 3243) [As added by Order 66, Nov. 3, 1939, effective Dec. 12, 1939; 4 F.R. 4540]

$ 53.12 Other information. The applicant shall furnish such additional information, in connection with the application, as the Commission may deem pertinent. (E.O. 8202, July 13, 1939; 4 F.R. 3243) [As added by Order 66, Nov. 3, 1939, effective Dec. 12, 1939; 4 F.R. 4540]

PART 54-FILING OF RATE SCHEDULES

$ 54.5 Notice of cancellation or termination. When a rate schedule (as defined in § 54.1) is proposed to be cancelled, or by its own terms is to terminate, and no new rate schedule is filed in its place, each natural-gas company required to file such rate schedule shall notify the Commission of the proposed cancellation or termination, on the form indicated in § 250.3 at least 60 days prior to the proposed effective date of cancellation or termination. A copy of such notice to the Commission shall show that notice has been served upon each party to the rate schedule and

has been duly posted in the manner provided in § 54.8.

The following information shall be submitted to the Commission with such notice:

(a) In the event no negotiations are under way for a continuance of the service;

(1) The reasons for the proposed discontinuance of service;

(2) The provisions, if any, being made by the purchaser for substitute service; and

(3) Whether or not each of the other parties to the agreement approve or disapprove of its cancellation or termination;

(b) In the event negotiations are under way for a continuance of the service-a full statement of the plan proposed and of the status of such negotiations. (Secs. 4, 16, 52 Stat. 822, 830; 15 U.S.C., Sup., 717c, 7170) [As amended by Order 59, Mar. 7, 1939, effective July 11, 1939; 4 F.R. 1185]

§ 54.13 Report of termination date. [Revoked]

NOTE: This section was revoked by Order 59, Mar. 7, 1939, effective July 11, 1939; 4 FR. 1185.

Subchapter C-Accounts, Federal Power Act

PART 120-MISCELLANEOUS
ACCOUNTING ORDERS

§ 120.4 Electric plant acquisition adjustment accounts. (a) Debit amounts in an Electric Plant Acquisition Adjustments Account may be charged to Earned Surplus in whole or in part, or may be amortized over a reasonable period by charges to Miscellaneous Amortization without further order of the Commission;

(e) Where a utility subject to both Federal and State regulations, petitions the Commission in accordance with paragraph (b) the cooperative procedure heretofore adopted between Federal and State Commission shall be invoked;

(f) Disposition of amounts in Electric Plant Acquisition Adjustments Accounts, as above directed, is for accounting purposes only and such disposition shall not be construed as determining or controlling the consideration to be accorded these items in rate or other proceedings, nor shall anything con

(b) Should a utility desire to account for debit amounts in an Electric Plant Acquisition Adjustments Account in any manner different from that indicated in paragraph (a) it shall petition the Com-tained herein prevent the Commission mission for authority to do so;

(c) Debit balances shall not be determined by application of credit amounts thereto;

from subsequently ordering the amounts to be charged directly to surplus or from modifying the adopted amortization period. (Secs. 3 (13), 4 (b), 301 (a),

(d) Credit amounts in an Electric 304 (a), 309, 49 Stat. 839, 854, 855, 858; Plant Acquisition Adjustments Account shall be accounted for as directed by the Commission;

16 U.S.C., Sup., 796 (13), 797 (b), 825 (a), 825c (a), 825h) [Order 42-A, July 11, 1939; 4 F.R. 3249]

Subchapter D-Accounts, Natural Gas Act

PART 151-UNIFORM

SYSTEM OF the provisions of the Natural Gas Act, to beACCOUNTS FOR NATURAL GAS come effective Jan. 1, 1940, and the order COMPANIES adopting it dated Nov. 3, 1939, were filed with the Division of the Federal Register, Dec. 4, 1939; 4 F.R. 4764.

NOTE: A uniform system of accounts prescribed for natural gas companies subject to

Subchapter E-Approved Forms

PART 210-STATEMENTS AND

REPORTS (SCHEDULES)

ACCOUNTING

§ 210.1 Annual report; Form No. 1. NOTE: The following schedules were revised:

Schedule 579. Generating station statistics. Schedule 581. Changes made or scheduled to be made in generating station capacities. Schedule 600. Sales data for the year. Schedule 601. Sales data by rate schedules for the year.

Schedule 602. Residential service.
Schedule 603. Commercial service.
Schedule 604. Industrial service.

Schedule 605. Cash contributions made by the respondent to municipalities and other public authorities and by municipalities and other public authorities to the respondent during the year.

SCHEDULE 5. Steam-electric plant data. SCHEDULE 6. Steam-electric plant performance and unit operating costs.

SCHEDULE 7. Internal-combustion engine plant data.

SCHEDULE 8. Itemized accounting of energy transfer with other electric utility systems and industrial companies during the year.

SCHEDULE 9. System energy accounting for the year.

SCHEDULE 10. Energy sold to ultimate consumers during the year.

SCHEDULE 11. Energy transferred across a state boundary to and from the respondent's system in adjoining states during the year.

SCHEDULE 12. Monthly energy deliveries for resale to Class I and Class II systems which received their entire power supre-ply, and Class III systems which received all or part of their power supply, from the respondent's system during the year.

The following schedule was added: Schedule 606. Service rendered to, and ceived from, municipalities and other public authorities during the year.

New general instructions were substituted by Order amending form of annual financial and statistical report, FPC Form No. 1, Oct. 17, 1939; 4 F.R. 4369.

ENGINEERING

SCHEDULE 13. Demand on generating plants, power received, and power delivered, for resale at the time of system peak load of the year.

SCHEDULE 14. Net generation, energy

§ 210.51 Annual report; FPC Form received and delivered, and system peaks

No. 64.1

ELECTRIC UTILITIES AND LICENSEES POWER
SYSTEM STATEMENT FOR THE YEAR ENDING
DECEMBER 31, 1939

LIST OF SCHEDULES IN FPC FORM NO. 64

SCHEDULE 1. List of all system generating plants and their installed capacity. SCHEDULE 2. System hydroelectric

data.

SCHEDULE 3. Storage reservoirs-operating data for the year.

SCHEDULE 4. Hydroelectric plant data.

1 This form may be procured from the Superintendent of Documents, Government Printing Office, Washington, D. C.

by months for the year.

SCHEDULE 15. System load data for the

year.

SCHEDULE 15A. Load data for the day on which the 60-minute system peak load of the month occurred.

SCHEDULE 15B. System load data for specified days.

SCHEDULE 16. Reserve requirements and capacity.

SCHEDULE 17. Distribution of system load in service area.

SCHEDULE 18. System maps and dia

grams.

SCHEDULE 19. System forecasts.

(Secs. 301 (a), 304 (a), 311, 49 Stat. 854, 855, 859; 16 U.S.C., Sup., 825 (a),

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