PART 3-ORGANIZATION; OPERATION; INFORMATION AND REQUESTS; ETHICAL STANDARDS 5. The heading of Subpart A is revised to read: SUBPART A ORGANIZATION; DELEGATIONS OF AUTHORITY 6. The heading and section analysis of Subpart B, currently reserved, is added as follows: SUBPART B-COURSE AND METHOD OF OPERATION 3.118 3.119 3.120 Publication and sale of reports. Functions Under Part I of the Federal Power Act Investigations. Declaration of intention. Preliminary permits. Licenses. Annual charges. Cost or fair value determinations. Headwater benefits. Restoration of Government lands. Field inspections and revocation of permits and licenses by court action. Functions Under Parts II and III of the Federal Power Act 3.131 Determination of jurisdictional status. Interconnection and coordination of facilities. Exportation of electric energy. Disposition of property, consolidation, purchase of securities. Rate schedules. Fixing rates and charges. 3.132 3.133 3.134 3.135 3.136 Other matters. Ascertainment of cost and depreciation. Interlocking positions. Investigations relating to electric energy, etc. Forfeitures. Approved forms, etc. Information relative to miscellaneous functions. 7. Subpart A is amended by revising §3.1; revising § 3.4 (e) by revising the opening paragraph thereof; revising subparagraphs (7), (9), (10) and (12), and revising paragraphs (a), (b), and (c) of § 3.6. As amended, the affected sections read as follows: §3.1 Purpose This subpart describes the central and filed organization of the Federal Power Commission, including delegations of final authority and the established places at which, and methods whereby, the public may secure information or make submittals or requests. This subpart also describes the plan of organization and operation which will be observed by this Commission in discharging its lawful duties and responsibilities in the event of an armed attack upon the United States, its territories and possessions, in the event of official notification of the likelihood or imminence of such attack or at a time specified by authority of the President, whichever may first occur. (e) The staff.-The Commission is comprised of the following bureaus and offices. The functions of each element, here summarized, are described in greater detail in the FPC Administrative Manual. * (7) The Office of Special Assistants to the Commission, responsible for assisting the Commission in the preparation of opinions, orders, and other legal documents, and for analyzing exceptions, preparing summaries of facts and issues, and performing related duties, as assigned. The Office, under the administrative supervision of the Chief of the Office, is directly responsible to the Commission for its operation. (9) The Office of Administrative Operations, responsible for providing contracting and procurement, travel and transportation, records, dockets, and files, all types of office services, and library services. (10) The Office of the Comptroller, responsible for development and implementation of program and budget planning and review, administrative accounting, audit and payroll services; organization and management analysis; direction and coordination of the automatic data processing program and computer operations; administration of the FPC staff instruction system; and the Employees' Suggestion Program in conjunction with the Commission's Incentive Awards Program. * (12) Office of Personnel Programs, responsible for the Commission's personnel management, personnel security and other related employee developments, utilization and service programs, such as recruiting, training, incentive awards, safety and health. $3.6 Offices of the Commission; information and submittals (a) Headquarters of the Federal Power Commission are in the General Acounting Office Building, 441 G Street N.W., Washington, D.C. Information concerning matters for which the Commission is responsible may be obtained in person at that office, or by written request addressed to the Federal Power Commission, Washington, D. C. 20426. Except as provided in paragraph (b) hereof, all formal requests, filings, and submittals should be addressed to the principal office of the Commission, pursuant to § 1.1 (g) of this chapter. (b) Regional offices of the Bureau of Power to which should be submitted all prescribed Power System Statements and Licensed Project Recreation Reports and from which information may be obtained to the extent available, are located as follows: * (c) Public records are available pursuant to § 1.36 of this chapter for public inspection and copying in the Office of Public Information at agency headquarters. 8. The following new Subpart B, heretofore reserved, is added: "SUBPART B-COURSE AND METHOD OF OPERATION § 3.100 Introduction General This subpart describes the general course and method by which the public functions of the Commission are channeled. Sections 3.101, et seq., apply generally to all Commission matters; §§ 3.111 et seq. are concerned with functions relating to matters arising under the Federal Power Act; and §§ 3.161 et seq. with those under the Natural Gas Act. Functions under other authorizations are treated in §§ 3.181 et seq. The rules and regulations of the Commission, published in the Federal Register and in Chapter I of Title 18 of the Code of Federal Regulations, set fourth the Commission's formal and informal procedures, prescribed forms, and instructions as to the scope and content of all papers, reports, and examinations. All applications, complaints, declarations, petitions, pleadings, protests, reports, and other documents addressed to the Commission are, unless otherwise specifically provided, received in its offices at Washington, D. C. Such material goes to the appropriate Bureaus or Offices, described in subpart A of this part, for study and recommendation to the Commission as set out in the subsequent sections of this subpart. Inquiries about the status of such material should be directed to the Office of the Secretary of the Commission or as may be otherwise provided in this subpart. The Commission or the staff may seek information by written inquiry, conference, telephone inquiry, field investigation, or hearing. $3.101 Right to conference In any formal or informal proceeding, a party may request a conference for the submission and consideration of facts, arguments, offers of settlement, or proposals of adjustment where time, the nature of the proceeding, and the public interest permit. § 3.102 Public information, requests, and assistance (a) A detailed description of the functions and responsibilities of the Office of Public Information, which is responsible for carrying out the Commission's public information program is set out in § 3.4 (e) (11) of this part. The office is located in the Commission's headquarters in Washington, D. C., where there is maintained a specially staffed and equipped public reference room. More limited facilities for public use are provided in the Regional Offices (see § 3.6 of this part) where information may be obtained to the extent available. (b) During the Commission's regular business hours, the public may examine in the Office of Public Information in Washington, D.C., copies of public information filed with the Commission. Photo copies of public material may be obtained through the public reference room. Fees charged for such copies are established by an annual contract between the Commission and a private company which does the work. Current schedules of fees for copying work are available from the Office of Public Information. Inquires and orders may be made to that office personaaly, by telephone, or by mail. (c) The stenographic reporting of the Commission's hearings is performed by a private company pursuant to an annual contract made with the Commision. Interested members of the public may obtain copies of the transcript of public hearings from the contract reporter at prices set by tables of charges in the contract, copies of which are on file in the Commission offices in Washington and are available for public inspection in the Office of Public Information. (d) The Commission's opinions, decisions, orders and rulemaking actions are published initially in mimeographed form, distributed in the Office of Public Information and mailed to persons on request. The opinions, decisions, rules and regulations, and selected categories of orders thereafter are printed in: "Preliminary Prints" and bound volumes entitled "Federal Power Commission Reports"; these publications may be obtained from the Superintendent of Documents, Government Printing Office, Washington, D.C. (e) A "List of Formal Documents" issued by the Commission is published daily and provides a convenient reference to current Commission actions. A current subject-index of major Commission actions since July 1, 1967, is also maintained in the Office of Public Information where it is available for public inspection and copying. (f) The Commission publishes an annual report to the Congress which sets forth the result of the Commission's operations during the past fiscal year under the various statutes committed to its charge. Copies may be obtained from the Superintendent of Documents, Government Printing Office, Washington, D.C. (g) The Commission also makes other information related to its functions available to the public through the issuance of reports, maps, statistics and other materials on specific subject matters. (h) Informal assistance and advice. Informal procedures are designed to aid the public and facilitate the execution of the Commission's functions. Opinions expressend by members of the staff do not constitute an official expression of the Commission's views. They represent, however, the views of persons who are con tinuously working with the provisions of the statutes and rules which are involved. More specifically, the staff provides advisory assistance to members of the general public and to prospective applicants for the several categories of authorizations (licenses, certificates, etc.) granted by the Commission. Inquiries may be directed to the chief of the appropriate bureau, office or division described in § 3.4 (e) of this part. (i) Press releases. The Commission issues press releases under authority of sections 4(d), 307, 311 and 312 of the Federal Power Act and section 14 (a) of the Natural Gas Act. Releases are issued on major applications, decisions, opinions, major orders, rulemaking actions, new publications, major personnel changes and other matters of general public interest. Releases are primarily intended to inform the public of actions taken by, and matters pending before, the Commission. The Office of Public Information is responsible for the editorial preparation, including any necessary consultation with members of the Commission or the staff, and issuance of releases. (j) Press, television, radio and photographic coverage of Commission proceedings. (i) Press tables are provided in each hearing room, located as near as possible to the bench and witness chair. The press may attend all sessions of hearings, subject to the same rules of conduct as all others persent; (ii) the use of television, movie and still cameras and recording equipment is permitted in hearing rooms prior to the opening of a hearing or argument and during recesses, pursuant to prior arrangements with the Commission or presiding Examiner, as the case may be. All equipment must be removed from the room before the proceedings begin or resume; (iii) the use of television, movie, still cameras or recording equipment is not permitted while Commission hearings and oral arguments are in progress; (iv) pursuant to prior arrangement with the Director of Public Information, television cameras, press cameras and recording equipment are permitted at FPC press conferences, provided that they are used in such a manner as not to interfere with the orderly conduct of the conferences. § 3.103 Hearings Hearings are not required to be held in all of the Commission's proceedings. Where no hearing is held, the Commission acts on the basis of the material filed and the staff studies and recomendations thereon. (See also § 1.32 of this chapter.) The procedures for the possible use of joint boards and cooperation with State commissions pursuant to section 209 of the Federal Power Act and section 17 of the Natural Gas Act, are set forth in § 1.37 of this chapter. If a hearing is held under the Federal Power Act, section 308 thereof applies: if under the Natural Gas Act, section 15 thereof applies. In either case they are subject to the requirements of § 1.20 of this chapter. In general, the following procedure is followed: The time and place of hearings and the issues involved are stated in Commission orders or notices served on the participants and interested State agencies and published in the Federal Register. A prehearing conference procedure is provided by § 1.18 of this chapter. Provisions are also made in the rules concerning expert witnesses, stipulations, evidence, presiding officers, copies of transcripts, motions, and time requirements. Evidence may be offered and cross-examination conducted by any party to the proceeding and by staff counsel. Testimony and exhibits are given and prepared, and other assistance rendered staff counsel by the technical staff as may be required. Appeals from rulings of presiding officers during the course of proceedings may be made to the Commission in accordance with § 1.28 of this chapter. Briefs and oral arguments before presiding officers, and proposed findings and orders, are subject to § 1.29 of this chapter. The presiding officer's decision, exceptions thereto, briefs and oral arguments before the Commission, decisions by the Commission, and reopening of proceedings are governed by § 1.30 et seq. of this chapter. Whether or not a hearing has been held, an application may be made for rehearing under section 313 (a) of the Federal Power Act or section 19 (a) of the Natural Gas Act, respectively, and the provisions of § 1.34 of this chapter. Such applications may be filed with respect to any final Commission order. § 3.104 Complaints; answers Section 306 of the Federal Power Act, section 13 of the Natural Gas Act, and §§ 1.6 and 1.9 of this chapter provide for complaints (and answers) by any person, state commission, state or municipality on account of any act done or omitted to be done by any licensee, public utility, or natural gas company. § 3.105 Investigative functions Investigations made pursuant to the general authority provided in section 307 (a) of the Federal Power Act and section 14 (a) of the Natural Gas Act are conducted by the bureau or office primarily concerned with the subject matter, with the OGC1 participating on the legal aspects thereof. After notice, hearings may be held. § 3.106 Accounting The Uniform System of Accounts prescribed by the Commission for public utilities, licensees, and natural gas companies pursuant to sections 301 and 8, respectively, of the Federal Power and Natural Gas Acts is contained in Subchapters C and F of this Chapter. Before prescribing any rules or requirements to accounts, records, or memoranda, the Commission notifies interested State commissions and affords reasonable opportunity for presentation of their views, pursuant to the Acts. Studies and examinations of the accounting practices of the companies are conducted by the OAF, with the participation of the OGC on the legal aspects thereof. After notice, a hearing may be held. § 3.107 Depreciation (a) Rules, regulations, and forms of account for depreciation are set forth in the Uniform System of Accounts referred to in § 3.106. Studies and recommendations concerning depreciation under the Acts are made by the OAF and OEC, with the participation of the OGC on the legal aspects thereof. (b) Before prescribing any rules or requirements as to depreciation, the Commission notifies interested State commissions and affords reasonable opportunity for presentation of their views. § 3.108 Reports to the Commission The reports and forms prescribed by the Commission pursuant to the Federal Power Act are listed in § 3.142; those prescribed under the Natural Gas Act are listed in §3.169. Rules prescribing public use forms are submitted to the Bureau of the Budget for clearance as required by the Federal Reports Act of 1942, as amended. § 3.109. Publication and sale of reports Pursuant to section 312 and other sections of the Federal Power Act and section 14 of the Natural Gas Act, the Commission publishes reports, decisions, and other material on the electric power and natural gas industries. These publications are available over the counter from the Office of Public Information and by mail or over the counter from the Superintendent of Documents, GPO, Washington, D.C. 20402. Functions Under Part I of the Federal Power Act §3.111 Investigations (a) Water power resources.-Investigations under section 4(a) of the act concerning water power resources and their utilizaion, are initiated by the Commission upon its own motion, request of another governmental agency or complaint. The staff work is performed by the PWR, with participation of the OGC on the legal aspects thereof. Such investigations may be conducted in cooperation with other governmental agencies. After notice, a hearing may be held. (b) Jurisdiction. Investigations pursuant to section 4(g) of the act to determine Federal jurisdiction over water power projects which may require authorization under the act, are initiated by the Commission upon its own motion, request of another Federal agency, or complaint. The staff work is performed by the PWR with the participation of the OGC on the legal aspects thereof. Whenever it appears from such investigation that a license is required, the owner of the project may be so informed by the Secretary. If an application for license is not filed an order to show cause therefor may be issued and a hearing held. 1 The following abbreviations are used in this subpart: BNG: Bureau of Natural Gas. OAF Office of Accounting and Finance. OEC: Office of Economics. OGC: Office of the General Counsel. OPI: Office of Public Information. |