sues of fact, law, or discretion presented on the record, and (2) the appropriate rule, order, sanction, relief, or denial thereof. There shall be stated all facts officially noticed pursuant to § 1.26, relied upon in the decision.

(h) Part of record. All decisions (including initial, recommended, or tentative decisions) shall become a part of the record.

(i) Service. All decisions shall be filed with the Secretary who shall serve copies thereof upon all parties or their attorneys of record, including staff counsel, whose appearances have been entered pursuant to § 1.20 (e). Such service shall be by registered mail or by delivery to the parties or their attorneys, as may be appropriate, in accordance with § 1.17.

(j) Unavailability of presiding officer. If a presiding officer becomes unavailable to the Commission, the Commission will either designate another qualified officer to report and recommend the decision or will cause the record to be certified to it for decision, as may be deemed appropriate, giving notice to the parties or their attorneys of record.

(k) Application of section. This section shall apply in all proceedings required by statute to be determined on the record after opportunity for hearing.

§ 1.31 Exceptions to intermediate decisions and briefs and oral arguments before Commission-(a) Exceptions, filing of. Any party or staff counsel desiring to appeal to the Commission may, within 15 days after the service of a copy of an intermediate decision (initial or recommended by subordinates, or tentative by Commission), or such other time as may be fixed by the Commission, file a statement of exceptions thereto. Such statements shall be filed with the Secretary.

(b) Exceptions, nature of. Exceptions to findings and conclusions of fact shall specify the particular statements or parts to which exception is taken; shall designate, by special references, the portions of the record relied upon in support of such exceptions; shall set out specific findings and conclusions proposed in lieu thereof; and shall include any proposed additional findings and conclusions of fact. Exceptions to conclusions of law shall be specific; shall briefly cite the statutory provisions or the principal au

thorities relied upon; shall set forth conclusions suggested in lieu thereof; and shall include any proposed additional conclusions. Exceptions to the form of order or rule shall specify the portions thereof excepted to, and shall set forth a form of order or rule suggested in lieu of that served. Supporting reasons for the exceptions may, if desired, be included, but shall be separately stated.

(c) Failure to except results in waiver. Failure to file a statement of exceptions within the time allowed under this section shall constitute a waiver of all objections to the intermediate decision served. No matter not included in the statement of exceptions, filed as provided in this section, may thereafter be objected to before the Commission upon brief or oral argument, or in an application for Commission rehearing; and any matter not included in such statement of exceptions shall be deemed waived. Admission or exclusion of evidence not objected to at the reception of evidence will be unavailing to the party.

(d) Briefs and oral argument before Commission-(1) Hearing before Commission. Requests for opportunity to present oral argument or to file briefs, when the Commission presides at the reception of the evidence, may be made at any time during the hearing or at the conclusion of the taking of evidence. Before adjournment sine die, the Commission will announce and fix the time for the filing of briefs, and for oral argument, if allowed.

(2) Hearing before presiding officer. In proceedings in which the Commission has not presided at the reception of the evidence, any party or staff counsel may file a motion requesting opportunity to present oral argument or to file briefs concerning matters before the Commission for decision, except that, where a statement of exceptions has been filed, it shall constitute the brief before the Commission. Such motions may be filed at any time during a proceeding, but not later than the time permitted for the filing of exceptions to the intermediate decision, Provided, however, That parties or staff counsel may request opportunity to file briefs or to make oral argument on motions to appeal rulings of presiding officers during hearings, as provided in § 1.28, and on motions for waiver of intermediate decisions, as provided in § 1.30.

(e) Briefs and arguments, contents and scope. When the Commission has presided at the reception of the evidence, or when the parties have waived the intermediate decision procedure, briefs and arguments before the Commission may include and present for consideration the matters as provided in § 1.29 relating to briefs and oral arguments before presiding officers, and in all other respects, as applicable, such arguments and briefs shall conform to the requirements of the aforesaid section. In all other proceedings, briefs and oral arguments before the Commission may include those matters that may properly be included and presented in statements of exceptions to intermediate decisions, subject to the same conditions contained in paragraph (c) of this section.

(f) Exceptions and briefs, form and service. Statements of exceptions and briefs shall conform to the requirements as applicable of §§ 1.15 and 1.17 as to copies, form and service, 15 copies thereof being filed with the Commission, in addition to the copies served on the parties to the proceeding.

§ 1.32 Shortened procedures-(a) Where hearing waived. In any proceeding in which the Commission is authorized to act after opportunity for hearing, if the parties waive hearing, such opportunity shall be deemed to have been afforded by service or publication in the FEDERAL REGISTER of notice of the application or other initial pleading, request, or other filing, such notice fixing a reasonable period of time within which any person desiring to be heard may file a protest or petition. Upon the expiration of such period of time, in the absence of a request for hearing, the Commission may forthwith dispose of the matter upon the basis of the pleadings and other submittals and the studies and recommendations of the staff. A party not requesting oral hearing in its pleadings shall be deemed to have waived a hearing for the purpose of such disposition, but shall not be bound by such waiver for the purposes of any application for rehearing with respect to an order so entered.

(b) Noncontested hearings. In any proceeding required by statute to be set for hearing, the Commission, when it appears to be in the public interest and to the interest of the parties to grant the relief or authority requested in the initial pleading, and to omit the intermediate

decision procedure, may after a noncontested hearing forthwith dispose of the proceeding upon consideration of the pleadings and other evidence filed and incorporated in the record: Provided: (1) The applicant or initial pleader requests that the intermediate decision procedure be omitted and waives oral hearing and opportunity for filing exceptions to the decision of the Commission; and (2) no request to be heard or protest or petition raising an issue of substance is filed subsequent to publication in the FEDERAL REGISTER of the notice of the filing of an initial pleading and order fixing date of hearing, which notice and order shall state that the Commission considers the proceeding a proper one for disposition under the provisions of this section, and shall otherwise conform with the requirements of § 1.19. Requests for the procedure provided by this section may be contained in the initial pleading or subsequent request in writing to the Commission. The decision of the Commission or presiding officer in such proceeding, after noncontested hearing, will be final, subject to rehearing on application as provided by the provisions of the statute requiring the hearing.

§ 1.33 Reopening proceedings—(a) Method of reopening-(1) By parties. At any time after the conclusion of a hearing in a proceeding or adjournment thereof sine die, but before entering and issuance by the Commission of a final order or rule, any party to the proceeding or staff counsel may file with the Commission a petition to reopen the proceeding for the purpose of taking additional evidence. Such petition shall set forth clearly the facts claimed to constitute grounds requiring reopening of the proceeding, including material changes of fact or of law alleged to have occurred since the conclusion of the hearing, and shall in all other respects conform as applicable to the requirements of §§ 1.7, 1.15-1.17.

(2) By the Commission on its own initiative. If, after the hearing in a proceeding, the Commission shall have reason to believe that conditions of fact or of law have so changed as to require, or that the public interest requires, the reopening of such proceeding, the Commission will issue an order for the reopening of the same.

(b) Petitions to reopen―(1) Notice. Upon the filing by any party or staff

counsel of such petition for the reopening of a proceeding, appropriate notice will be given any participants, or their attorneys of record who may not have been served with a copy of the petition.

(2) Responses. Within 10 days following the service of such petition or notice thereof, any other party to the proceeding or staff counsel may file with the Commission his answer thereto, and in default thereof shall be deemed to have waived any objection to the granting of such petition.

(3) Commission action. As soon as practicable after the filing of responses to such petitions or default thereof, as the case may be, the Commission will grant or deny such petition.

§ 1.34 Application for rehearing— (a) Form, filing and service. An application for rehearing of a proceeding may be filed within 30 days after the issuance of any final decision or order by the Commission. Such application shall be made by petition, under oath, stating specifically the grounds relied upon, shall be filed with the Commission and served by the petitioner upon all parties to the proceeding or their attorneys of record, and shall in all other respects conform to the requirements of §§ 1.7, 1.15–1.17.

(b) Specification of errors. Such petitions for rehearing shall state concisely the alleged errors in the Commission decision or order. If an order of the Commission is sought to be vacated, reversed, or modified by reason of matters that have arisen since the hearing and decision or order, or by reason of a consequence that would result from compliance therewith, the matters relied upon by the petitioner shall be set forth in the petition.

§ 1.35 Reports of compliance. When any licensee, permittee, or any other person subject to the jurisdiction of the Commission is required to do or perform any act by Commission order, permit, or license provision, there shall be filed with the Commission within 30 days following the date when such requirement became effective, a notice, under oath, stating that such requirement has been met or complied with; Provided, however, That the Commission, by rule or order, or by making specific provision therefor in a license or permit, may provide otherwise for the giving of such notice of compliance. Such reports

shall conform in all other respects to the requirements of §§ 1.15 and 1.16.

§ 1.36 Public information-(a) Access to opinions, orders and rules-(1) Current notice. The Commission shall cause current notice to be published in the FEDERAL REGISTER of the adoption of all final opinions or orders of the Commission in adjudicative proceedings, except those required for good cause to be held confidential and not cited as precedents, and all rules except those addressed to and served upon named persons and those published in full in the FEDERAL REGISTER in accordance with law. Where the Commission may desire to rely upon citation of any such confidential material as a precedent, it shall make available an appropriate abstract thereof, showing the principles relied upon.

(2) Copies. Copies of all final opinions and orders, except those required for good cause to be held confidential and not cited as precedents, and all rules, shall be available for public inspection in the Office of the Secretary and, as practicable, in the Regional Offices during regular office hours. Copies thereof shall be furnished to any person upon request to the Secretary and payment of the charge therefor, if required.

(b) Official reports and publications. The final opinions, and orders and rules in the nature of opinions, shall be published in the official reports of the Commission issued from time to time and, as printed and available, will be furnished to any person upon request to the Secretary and payment of the charge therefor. Other reports that may be made and published by the Commission shall be likewise available on request and payment of the prescribed charges. Such reports as published by the Commission, and its rules as contained in this chapter, may be obtained from the Superintendent of Documents, United States Government Printing Office, Washington 25, D. C., upon payment of the prescribed charges.

(c) Public records. Save as otherwise required by law, all matters of official record, other than information held confidential for good cause found, shall be available at the principal office of the Commission in Washington, D. C., to persons properly and directly concerned, upon application to the Office of the Secretary during regular office hours. Such

official records shall include all matters filed with or submitted to the Commission under the provisions of any order, rule, or regulation of the Commission or any applicable statute, as well as matters embodying Commission action. In public proceedings before the Commission the docket records relating to such proceedings and the pleadings, transcript of testimony, exhibits and all documents received in evidence or made a part of the record therein shall be likewise available for inspection and copying by the public, insofar as consistent with the proper discharge of the Commission's duties.

(d) Other records. The records and files of the Commission, and all documents, memoranda, correspondence, exhibits and information of whatever nature, other than the matters described in paragraph (c) of this section, coming into the possession or within the knowledge of the Commission or any of its officers or employees in the discharge of their official duties, are confidential, and none of such material or information may be disclosed, divulged, or produced for inspection or copying except that, upon good cause shown, the Commission may by order direct that certain records, files, papers, or information be disclosed to a particular applicant.

(e) Procedure in event of subpena. In cases in which an officer or employee of the Commission has been lawfully served with a subpena duces tecum, material designated in this section as confidential shall be produced only as authorized by the Commission. Service of such a subpena shall immediately be reported to the Commission with a statement of all relevant facts. The Commission will thereupon enter such order or give such instructions as it shall deem advisable.

§ 1.37 Cooperative procedure with State commissions—(a) Policy. (1) The Federal Power and Natural Gas Acts, sections 209 and 17, respectively, authorize cooperation between the Federal Power Commission and the State commissions of the several States in the administration of said acts, which include authorization for:

(i) Reference of any matter arising in the administration of these acts to a board to be composed of a member or members from a State or States affected, or to be affected, by the particular mat

ters pending before the Federal Power Commission;

(ii) Conferences with State commissions regarding the relationship between rate structures, costs, accounts, charges, practices, classifications, and regulations of public utilities or natural gas companies subject to the jurisdiction of such State commissions and of the Federal Power Commission; and

(iii) Joint hearings with State commissions in connection with any matter with respect to which the Federal Power Commission is authorized to act.

(2) The matters that should be the subject of a conference, referred to a board, or heard at a joint hearing of State commissions and the Federal Power Commission, obviously, cannot be determined in advance. It is understood, therefore, that the Federal Power Commission or any State commission will freely suggest cooperation with respect to any proceeding or matter affecting any public utility or natural gas company subject to the jurisdiction of the Federal Power Commission and of a State commission, and concerning which it is believed that cooperation will be in the public interest.

(b) Notice-(1) By Federal Power Commission. (i) Whenever there shall be instituted before the Federal Power Commission any proceeding under either the Federal Power Act or the Natural Gas Act, the State commission or commissions of the State or States affected thereby will be given notice thereof immediately by the Federal Power Commission. As deemed necessary for an understanding of the subject matter, each such notice will be supplemented by copies of applications, complaints, petitions, or orders instituting proceedings. Each such notice given to a State commission will request that the Federal Power Commission be notified within a reasonable time whether the proceeding is deemed one that should be considered under the cooperative provisions of this section, and, if so, to advise the Federal Power Commission as to the nature of its interest in the matter, and further, to specify whether it desires a conference, the creation of a board, or a joint or concurrent hearing, as defined herein, and the reasons for such request.

(ii) Any commission suggesting some form of such cooperative procedure should also state whether there is pend

ing, or will be pending before it, a proceeding in which a concurrent hearing might appropriately be held and whether its proposal is for such hearing covering any such proceeding and the proceeding pending before the Federal Power Commission.

(iii) Any State commission recommending to the Federal Power Commission reference of a proceeding to a board, under either the Federal Power or the Natural Gas Act, should state with fullness the reasons which led it to believe that such reference is desirable and in the public interest.

(iv) Upon the receipt from a State commission of a communication suggesting cooperation, the Federal Power Commission will consider the same, and may confer with the commission making the request and with other interested commissions, if any, in such manner as may be most suitable, and, if cooperation in the manner proposed, or in any other manner, shall appear to be practicable and desirable, will so advise each interested State commission, and will invite it to participate therein.

(2) By State commission. (i) Each State commission should, in like manner, notify the Federal Power Commission of any proceeding instituted before it, the subject matter of which is also subject to the jurisdiction of the Federal Power Commission, or in which it believes the Federal Power Commission is interested. Such notice should be supplemented by copies of applications, petitions, complaints, or orders instituting proceedings which may be necessary to an understanding of the subject matter. Such notice should include such suggestions as the State commissions may wish to make concerning cooperative procedure.

(ii) Upon receipt of such notice, the Federal Power Commission will consider the same and will promptly notify the State commission whether or not in its opinion cooperation in the manner proposed, or in any other manner, appears to be practicable and desirable. The Federal Power Commission shall be free to propose cooperative procedure, if deemed appropriate, whether or not such proposal of cooperation has been made by the State commission first giving notice of the proceeding.

event that cooperation in a particular proceeding has been determined upon, the Federal Power Commission or a State commission before which the proceeding is pending will so advise each interested State commission and will invite it to take part therein.

(c) Conferences. Inasmuch as experience has proved that informal conferences are the means most often used to enable commissions to work together to promote good regulation, affording means whereby common understandings may be reached, and the imposition of inconsistent or conflicting regulations upon companies subject to both Federal and State control may be avoided, and means whereby State commissions may secure the assistance in State regulatory work which sections 209 and 17, respectively, of the Federal Power and Natural Gas Acts authorize the Federal Power Commission to extend, any commission, Federal or State, should always feel free to suggest a conference to another commission, concerning any matter of regulation subject to the jurisdiction of either, with respect to which it is believed that a cooperative conference may be in the public interest. The commission desiring a conference upon any such matter should notify other interested commissions without delay, and thereupon the Federal Power Commission or a State commission, as may be agreed, will promptly arrange for a conference in which all interested commissions will be invited to be represented.

(d) Procedure governing matters referred to a board. It is believed that the statutory provisions of sections 209 and 17, respectively, of the Federal Power and Natural Gas Acts, for the reference of a proceeding to a board constituted as therein provided, were designed for use in unusual cases, and as a means of relief to the Federal Power Commission when it might find itself unable to hear and determine cases before it, in the usual course, without undue delay.

Whenever the Federal Power Commission, either upon its own motion or upon the suggestion of a State commission or at the request of any interested party, shall determine that it is desirable to refer a matter arising in the administration either of the Natural Gas Act or Part II of the Federal Power Act, to a board to be composed of a member or members from the States or States af

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