Sec. 1.113 Objections. 1.114 Copies to opposing counsel. 1.116 Copies for the Commission. 1.120 How evidenced. 1.121 Form and style; service. Witnesses and subpoenas 1.132 Subpoenas; service; return. 1.140 When permissible. 1.141 Officer before whom taken. Sec. Briefs and oral argument 1.170 Oral argument. 1.171 Forms and style of briefs. Application for further hearing, eration, or modification of an 1.180 Petition; filing; service. 1.184 Form and style; service. 1.190 When Sunday and holiday not in- Access to Commission's records Forms under rules of practice and regulations, Federal Power Act: See Section 1.0 Order No. 50, prescribing rules of practice and regulations, with approved forms, effective June 1, 1938. The Commission, pursuant to authority vested in it by the Federal Power Act, particularly section 309 thereof (49 Stat. 858; 16 U.S.C., Sup., 825h), and finding such action necessary and appropriate for carry- ing out the provisions of said Act, hereby adopts, promulgates, and prescribes the accompanying "Rules of Practice and Regulations, with Approved Forms, Effective June 1, 1938," to supersede as of June 1, 1938: (a) "Rules of Practice and Regulations, with Ap- proved Forms, Revised to January 1, 1937," as prescribed by Order No. 44, adopted December 31, 1936, and as amended by Order No. 47, adopted December 15, 1937; (b) Order No. 31, adopted November 7, 1932 (requiring the filing of rate schedules by licensees); and (c) (a) No power, right, obligation, or duty arising or existing under (b) Orders Nos. 31, 44, 47 and Regulation 21 above referred to are hereby repealed as of June 1, 1938.* [Order 50, FPC, effective June 1, 1938] *§§ 1.0 to 1.220, inclusive, issued under the authority contained in secs. 301 (b), 308, 309, 49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. ABBREVIATIONS: The following abbreviations are used in this chapter: Appen. FPC R. & Regs. Appendix, Uniform System of Accounts, public utilities and licenses, Federal Power Commission. Federal Power Commission. Rules of practice and regulations, Federal Power Commission. 1.1 Address; office hours. All communications to the Commission must be addressed to Washington, D. C., unless otherwise specifically directed. Pleadings and other papers required to be filed with the Commission shall be filed in the office of the Secretary of the Commission at Washington, D. C., within the time limit, if any, for such filing. The office is open from 9 a. m. until 4:30 p.m. of each business day except Saturday, upon which day it is open from 9 a. m. to 1 p. m., or as provided by statute or Executive order.** tIn 88 1.1 to 1.220, inclusive, the numbers correspond with the respective section numbers in Rules of practice and regulations, Federal Power Commission, June 1, 1938. PUBLIC SESSIONS AND HEARINGS 1.2 Notice. Public sessions of the Commission for hearing evidence or oral argument or for public conferences and hearings before any Commissioner, examiner, or other representative of the Commission, will be held as set upon notice by the Commission, subject to change upon reasonable notice.*t PARTIES; APPEARANCES 1.5 Classes. The parties to proceedings before the Commission are applicants, complainants, petitioners, defendants, interveners, and respondents, according to the nature of the proceedings and their relationship thereto. Admission of a party as intervener or protestant shall not be construed as recognition by the Commission that such party might be aggrieved by any order of the Commission in such proceeding.*† 1.6 Appearances. Any party may appear and be heard in person or by an attorney at law or attorney in fact and a corporation or association may be represented by a bona fide officer thereof. All persons appearing in such proceedings must conform to the standards of ethical conduct required of practitioners before the courts of the United States and, where applicable, to the requirements of section 12 (i) of the Public Utility Holding Company Act of 1935. Failure to conform to these standards will be ground for declining to permit appearance in any proceeding before the Commission.*t CROSS REFERENCE: For filing of statements under section 12 (i) of the Public Utility Holding Company Act, see 17 CFR 2.50.12i-1. 1.7 Former employees barred for one year. No person serving or having served as a Commissioner, officer, expert, examiner, attorney, accountant, engineer, or other employee in the Federal Power Page 4 *For statutory citation, see note to § 1.0. Commission shall be permitted to practice, appear or act as counsel, attorney, representative, or agent in any proceeding before the Commission, or before any regional office, division or agency thereof, or in any manner or by any means aid or assist in the prosecution of any such matter or proceeding, within 1 year next after the separation of the said person from the service of the Commission; provided, however, this section shall not be construed to bar any such person from appearing before the Commission in behalf of any other branch of the Federal Government or in behalf of any State, municipality, or other public agency.** 1.20 Applicants defined. In proceedings involving applications, by persons subject to the Act, for permission or authorization which the Commission may give under the authority of the Act, the parties on whose behalf the applications are made are styled applicants.** 1.21 Complainants. Parties who complain to the Commission of anything done or omitted to be done in violation of the provisions of the Act by any person subject to the Act, are styled complainants.*¡ CROSS REFERENCE: For complaints, see §§ 1.40-1.47. 1.22 Petitioners. Parties seeking relief, not otherwise designated herein, are styled petitioners.*† CROSS REFERENCE: For petitions, see §§ 1.30, 1.31. 1.23 Defendants. Persons subject to the Act, against whom any complaint is filed, are styled defendants.** CROSS REFERENCE: For complaints, see §§ 1.40-1.47. 1.24 Interveners. Parties permitted to intervene as hereinafter provided, are styled interveners.*t CROSS REFERENCE: For petitions, see §§ 1.30, 1.31. 1.25 Protestants. A protestant is anyone objecting on the ground of private or public interest to the approval of an application or petition which the Commission may have under consideration. Protestants desiring to become parties to any proceeding before the Commission may file a petition for intervention.*t CROSS REFERENCES: For protests, see § 1.60. For specifications as to applications, complaints, answers, petitions, briefs, service and number of copies, see §§ 1.80-1.85, 1.90-1.94. 1.26 Respondents. Persons subject to the Act, to whom an order or notice is issued by the Commission instituting a proceeding or investigation on its own initiative, are styled respondents.*† PETITIONS 1.30 Contents. Petitions for relief under the Act should be under oath and state clearly and concisely the interest of the petitioner in the subject matter of the petition and the relief sought and cite by appropriate reference the section, paragraph, etc., of the Act relied upon for relief and must conform to the requirements of §§ 1.801.94.*t 1.31 Intervening petitions. Any interested State, State commission, municipality, or any representative of interested consumers or security holders, or any competitor of a party to any pending pro *For statutory citation, see note to § 1.0. Page 5 ceeding, or any other person whose participation in a pending proceeding may be in the public interest, may petition to intervene in any proceeding pending before the Commission prior to or at the time it is called for hearing, but not thereafter except for good cause shown. 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. If leave is granted, the petitioner thereby becomes an intervener and a party to the proceeding.** COMPLAINTS 1.40 Complaints; informal and formal. Complaints may be informal or formal.** 1.41 Informal complaints. Informal complaints may be made by letter or other writing, and will be filed as received. Matters informally presented will, if their nature so warrants, be taken up by correspondence or conference with the party or parties complained of in an endeavor to bring about satisfaction of the complaint without formal hearing.*† 1.42 Substance of informal complaints. No form of informal complaint is prescribed, but in substance the letter or other writing should contain the name and address of complainant, the name of the party against whom the complaint is made, and a brief statement of the facts forming the basis of such complaint. While the filing of an informal complaint is without prejudice to complainant's right to file formal complaint, only formal complaints submitted and prosecuted in the manner hereinafter prescribed will entitle any person, natural or artificial, to initiate formal proceedings or to become a party to any proceedings already initiated, and only formal complaints will be admitted in the record of formal proceedings. It is desirable that the informal complaint be accompanied by sufficient copies to enable the Commission to transmit one to each party named, and retain one for its own use, and it may be accompanied by supporting papers.** 1.43 Formal complaints; form and style. Formal complaints must conform to the requirements of §§ 1.80-1.94. The names of all parties, complainant and defendant, must be stated in full without abbreviations, and the address of each complainant with the name and address of his attorney, if any, must appear.*† 1.44 Joinder of complaints or complainants. Two or more grounds of complaint involving the same purposes, subject, or state of facts, may be included in one complaint, but should be separately stated and numbered; and two or more complainants may join in one complaint if their respective causes of complaint are against the same defendant or defendants, and involve substantially the same purposes and subject, and a like state of facts.** 1.45 Substance of formal complaints. Formal complaints should be so drawn as fully and completely to advise the parties Page 6 *For statutory citation, see note to § 1.0. defendant and the Commission, wherein the provisions of the Act have been or are violated by the acts or omissions complained of, or will be violated by a continuance of such acts or omissions, and should set forth briefly and in plain language the facts claimed to constitute such violations, and the relief sought.*+ 1.46 Subscription and verification. Every formal complaint must be personally subscribed (a) by the complainant, and by each complainant if there be more than one, (b) by an officer of the complainant if it be a corporation, or (c) for the complainant by his attorney. In addition, the facts alleged must be verified under oath by a complainant, an officer of complainant, or by the attorney for the complainant. If the subscription and verification, or either thereof, be by anyone other than the complainant or an officer or attorney thereof as aforesaid, the reason it is so made must be stated, and the power of attorney or authority authorizing such affiant to prosecute the complaint or make the verification must be filed with the complaint.*t 1.47 Supplemental complaints. Supplemental complaints may be tendered for filing by the complainant against the defendant in the original complaint, setting forth any causes of action under the act alleged to have accrued in favor of the complainant and against the defendant since the filing of the original complaint, and, upon leave granted, will be filed and served by the Commission as provided for original complaints, and heard, considered, and disposed of therewith in the same proceeding, if practicable.*† ANSWERS 1.50 Answers to formal complaints. Answers to formal complaints must be filed with the Commission within 30 days after the day on which the complaint was served. This period may be shortened or extended by the Commission in its discretion. Any defendant failing to file answer within such period will be deemed in default, and issue as to such defendant will be thereby joined. All answers should be under oath and so drawn as fully and completely to advise the parties and the Commission as to the nature of the defense, and should admit or deny, specifically and in detail, each material allegation of the pleading answered and must conform to requirements of §§ 1.80-1.94.** 1.51 Answers to petitions. Answers to petitions in intervention or amended complaints, filed and served upon leave granted, need not be separately made unless the defendants so elect, and their answers to the formal complaint will be deemed answers to the petition in intervention or amended complaint. Answers if separately made should be filed and served in the same manner as is provided for answers to the original complaint.*† 1.52 Defendants seeking affirmative relief. Defendants alleging violations of the Act by other parties to the proceeding, or seeking relief against them under the Act involving substantially the same purposes and subject, or a like state of facts to those presented by *For statutory citation, see note to § 1.0. Page 7 |