(b) Copies. Except as may be otherwise required by the rules or regulations of the Commission, or ordered or requested by the Commission, at the time pleadings, documents, or other papers other than correspondence, are filed with the Commission, there shall be furnished to the Commission an original and 19 conformed copies of such papers and exhibits, if any: Provided, however, When service is made by the parties, or service is not required to be made, only an original and 14 conformed copies need be filed. (See § 1.17 (f) re service and § 1.26 (c) (5) re exhibits in hearings.)

Plead

(c) Form-(1) Typewritten. ings, documents, or other papers filled in proceedings, if not printed, shall be typewritten on paper cut or folded to letter size, 8 to 81⁄2 inches wide by 101⁄2 to 11 inches long, with left-hand margin not less than 11⁄2 inches wide and other margins not less than 1 inch. The impression shall be on only one side of the paper and shall be double spaced, except that quotations in excess of a few lines shall be single spaced and indented. Mimeographed, multigraphed, hectographed, or planographed copies will be accepted as typewritten, provided all copies are clearly legible.

(2) Printed. If printed, they shall not be less than 10-point type on unglazed paper, cut or folded so as not to exceed 81⁄2 inches wide by 11 inches long, with inside margin not less than 1 inch wide, and with double-leaded text and singleleaded, indented quotations.

(d) Binding. Pleadings, documents, and other papers other than correspondence shall be bound at the left side only.

(e) Signature. Except as may be otherwise required by the rules or regulations of the Commission, or ordered or requested by the Commission, the original copy of each application, complaint, declaration, petition, protest, answer, motion, brief, exception, rate schedule, notice, report, statement and other pleading, amendment to pleading, document or paper, shall be signed in ink by the party in interest, or by his or its attorney, as required by these rules, and shall show the office and post office address of the same. All other copies filled shall be fully conformed thereto.

(f) Improper matter. Any paper containing defamatory, scurrilous, or unethical matter will be rejected by the Commission.

728472-48-supp. x-BK. 3

§ 1.16 Subscription and verification— (a) Subscription-(1) By whom. Applications, formal complaints, petitions and other pleadings, amendments thereto, notices, reports, exhibits, and other requests, submittals, or statements filed with the Commission shall be subscribed: (i) by the person filing the same, and severally if there be more than one person so filing; (ii) by an officer thereof if it be a corporation, trust, association, or other organized group; (iii) by an officer or employee thereof if it be a State commission, a department or political subdivision of a State, or other governmental authority, agency, or instrumentality; or (iv) by an attorney having authority with respect thereto. Applications, formal complaints, petitions to intervene and petitions initiating proceedings, filed by any corporation, trust, association, or other organized group, may be required to be supplemented by appropriate evidence of the authority of the officer or attorney subscribing such pleadings.

(2) Effect. The signature of the person, officer or attorney subscribing any pleading or matter filed with the Commission constitutes a certificate by such individual that he has read the pleading or matter being subscribed and filed, and knows the contents thereof; that if executed in any representative capacity, the matter has been subscribed and executed in the capacity specified upon the pleading or matter filed with full power and authority so to do; that the contents are true as stated, except as to matters and things, if any, stated on information and belief, and that as to those matters and things, he believes them to be true.

(b) Verification. Any facts alleged in the matter filed shall be verified under oath by the person filing, an officer, or other person having knowledge of the matters set forth. If the verification be by any one other than the person filing or other than an officer thereof, it shall include a statement of the reason therefor.

§ 1.17 Service-(a) By the Commission. Applications, formal complaints, petitions other than intervening petitions, orders and all forms of Commission action shall be served by the Secretary by registered mail, except when service by other method shall be specifically required by the Commission, by registering and mailing a copy thereof to

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the person, partnership, corporation, trust, association, or other organized group to be served, addressed to the person or persons designated in the initial pleadings, at his or its principal office or place of business. When service is not accomplished by registered mail, it may be effected by any one duly authorized by the Commission (1) by delivering a copy of the document to the person to be served, or to a member of the partnership to be served, or to the president, secretary, or other executive officer or a director of a corporation to be served, or to the representative of the trust, association or other organized group to be served, or (2) by leaving a copy thereof at the principal office or place of business of such person, partnership, corporation, trust, association or other organized group to be served. The return post office receipt for said document or other paper registered or mailed as aforesaid, or the verified return by the person accomplishing service, setting forth the manner of said service, shall be proof of such service.

or

(b) By parties. Answers, protests, intervening petitions, supplements amendments thereto or to applications, complaints or petitions, motions, briefs, notices, and all other papers, except depositions, filed in proceedings pending before the Commission upon its docket, when filed or tendered to the Commission for filing, shall show service thereof upon all participants to the proceeding. Such service shall be made by delivering in person or by mailing, properly addressed with postage prepaid, one copy to each participant.

(c) Upon attorneys. When any participant has appeared by attorney, service upon such attorney shall be deemed service upon the participant.

(d) Date of service. The date of service shall be the day when the matter served is deposited in the United States mail, or is delivered in person, as the case may be. In computing the time from such date, the provisions of § 1.13 (a) shall apply.

(e) Certificate of service. There shall accompany and be attached to the original of each pleading, document, or other paper filed with the Commission, when service is required to be made by the parties, a certificate of service in the form prescribed by §§ 131.1 and 250.1 of this chapter. All other copies filed shall be fully conformed thereto.

(f) Copies. Where service is made by the parties, or service is not required to be made, save to the extent a different number is required by the Commission's rules and regulations governing the specific filing, an original and 14 conformed copies of such pleadings, documents, or other papers, together with exhibits, if any, shall be filed with the Commission in lieu of the original and 19 conformed copies required by § 1.15 (b). (See § 1.26

(c) (5) re exhibits in hearings.)

§ 1.18 Prehearing conferences; offers of settlement-(a) To adjust or settle proceedings. In order to provide opportunity for settlement of a proceeding, or any of the issues therein, there may be held at any time prior to or during hearings before the Commission or a presiding officer designated to preside at conferences or hearings, such informal conferences of parties and staff counsel for the submission and consideration of facts, arguments, offers of settlement, or proposals of adjustment as time, the nature of the proceeding, and the public interest may permit.

(b) To expedite hearings. To expedite the orderly conduct and disposition of any hearing, at such prehearing conferences as may be held, there may be considered, in addition to any offers of settlement or proposals of adjustment, the possibility of the following:

(1) The simplification of the issues;

(2) The exchange and acceptance of service of exhibits proposed to be offered in evidence;

(3) The obtaining of admission as to, or stipulations of, facts not remaining in dispute, or the authenticity of documents which might properly shorten the hearing;

(4) The limitation of the number of expert witnesses;

(5) Such other matters as may properly be dealt with to aid in expediting the orderly conduct and disposition of the proceeding.

(c) Initiation of conferences. The Commission with or without motion may direct that a prehearing conference be held. Upon motion by a party or staff counsel timely filed, a presiding officer designated to preside at the hearing or such other officer as may be designated may direct the attorneys for the parties to such proceedings and staff counsel to appear for a prehearing conference to consider the matters outlined in para

graph (b) of this section. Due notice of the time and place of such conference will be given to all parties to the proceeding and staff counsel.

(d) Conference results stipulated. Upon conclusion of a prehearing conference, attorneys for the parties and staff counsel shall immediately reduce the results thereof to the form of a written stipulation which recites the matters agreed upon, and 10 copies thereof shall forthwith be filed with the Commission by the presiding officer of such conference. Such stipulations may be received in evidence at a hearing and, when so received, shall be binding on the parties and staff counsel with respect to the matters therein stipulated.

(e) Offers of settlement. Nothing contained in this section shall be construed as precluding any party to a proceeding from submitting at any time offers of settlement or proposals of adjustment to all parties and to the Commission (or to staff counsel for transmittal to the Commission), or from requesting conferences for such purpose. Unaccepted proposals of settlement or of adjustment or as to procedure to be followed and proposed stipulations not agreed to shall be privileged and shall not be admissible in evidence against any counsel or person claiming such privilege.

$1.19 Notice-(a) Rule making. Before the adoption of any rule or the commencement of any hearing on any proposed rule making, the Commission will cause general notice to be given by publication in the FEDERAL REGISTER (unless all persons subject thereto are named and either personally served or otherwise have actual notice thereof in accordance with law), such notice to be filed with the FEDERAL REGISTER not less than 15 days prior to the date fixed for the consideration of the adoption of a proposed rule or rules or for the commencement of the hearing, if any, on the proposed rule making, except where a shorter period is reasonable and good cause exists therefor. Such notice will state the time, place, and nature of the proceeding, recite the authority under which the rule is proposed to be adopted and promulgated, and include either the terms or substance of the proposed rule or a description of the subjects and issues involved to inform interested persons of the nature of the proceeding, so as to permit any interested person to submit views, data, or proposals relative there

to; and such notice will set forth a time period in which interested persons may submit written data, views, or arguments concerning the proposed rule, indicating also whether opportunity for oral presentation or public hearing is contemplated; Provided, however, That:

(1) Where the Commission, for good cause, finds it impracticable, unneces-. sary, or contrary to the public interest to give such notice, it may proceed with the adoption of rules without notice by incorporating therein a finding to such effect and a concise statement of the reasons therefor;

(2) Except where notice or hearing is required by statute, the Commission may issue at any time rules of organization, procedure or practice, or interpretative rules, or statements of policy, without notice or public proceedings; and

(3) This section is not to be construed as applicable to the extent that there may be involved any military, naval or foreign affairs function of the United States, or any matter relating to the Commission's management or personnel, or to United States property, loans. grants, benefits, or contracts.

(b) Hearings. Before any hearing, except where a shorter period is reasonable and good cause exists therefor, the Commission will cause to be published in the FEDERAL REGISTER either a notice of hearing or the Commission's order setting the proceedings for hearing, such notice or order to be filed with the FEDERAL REGISTER not less than 15 days prior to the date fixed for the commencement of the hearing. Such notice or order will state the time, place and nature of the proceeding, recite the authority and jurisdiction under which the hearing is to be held, and indicate briefly the matters of fact and law asserted, to inform parties to the proceeding and the public of the subject matter and the issues involved, and, if already designated, the name of the presiding officer before whom the proceedings are to be conducted. In addition to such publication in the FEDERAL REGISTER, for hearings in proceedings involving matters other than substantive rules of general applicability, copies of the notice or order setting the proceeding for hearing will be mailed by the Office of the Secretary to the parties of record and to States or other governmental authorities deemed to have an official interest in the proceeding.

§ 1.20 Hearings-(a) How ordered. Hearings for the purpose of taking evidence shall be held as ordered by the Commission and pursuant to adjournments thereof. In fixing the time and place of hearing the Commission will, so far as time and the proper execution of its functions permit, give due regard to the convenience and necessity of the parties or their attorneys, and give notice as provided in § 1.19; however, unless otherwise directed by the Commission or the presiding officer, not less than 15 days notice of the time and place of any indefinitely postponed hearing shall be given to the participants or their attorneys of record.

The Commission

(b) Consolidation. upon its own motion, or upon motion by a party or staff counsel, may order proceedings involving a common question of law or fact to be consolidated for hearing of any or all the matters in issue in such proceedings.

(c) Presiding officers. All such hearings shall be held before the Commission or a duly designated presiding officer; but nothing herein shall be deemed to supersede or preclude the conduct of proceedings before boards or other officers specially provided for in § 1.37 or as the Commission may, after due notice, specially authorize and order.

cer.

(d) Disqualification of a presiding offiA presiding officer may withdraw from a proceeding when he deems himself disqualified, or he may be withdrawn by the Commission for good cause found after timely affidavits alleging personal bias or other disqualifications have been filed and the matter has been heard by the Commission or by a presiding officer to whom it has delegated the matter for investigation and report.

(e) Appearances. The Commission or the presiding officer before whom the hearing is held will cause to be entered upon the record all appearances, with a notation in whose behalf each appearance is made. Included in such appearances shall be staff counsel participating, and a notation shall be made in the record of the names of the members of the Commission's technical staff participating, including accountants, engineers, and other experts, who have been assigned to work on the investigation or to assist in the trial of the case.

(f) Order of procedure. In hearings upon applications, declarations of in

In

tention, and determinations of the actual legitimate original cost of licensed projects, the applicant, declarant or licensee shall open and close. In hearings on formal complaints or petitions, the complainant or petitioner, as the case may be, shall open and close. In hearings involving suspended rates, the respondent shall open and close. In hearings on investigations, the presiding officer may direct who shall open and close. hearings in proceedings in which accounting entries are questioned by the Commission, the party whose entries are in question shall open and close. When proceedings have been consolidated for hearing, the presiding officer shall designate who shall open and close. Interveners shall follow the parties in whose behalf the intervention is made; where the intervention is not in support of an original party, the presiding officer shall designate at what stage such intervener shall be heard. In proceedings where the evidence is peculiarly within the knowledge or control of another party or participant, the foregoing order of presentation may be varied by the presiding officer.

(g) Presentation by parties. (1) Parties and staff counsel shall have the right of presentation of evidence, cross examination, objection, motion, argument and appeal. Witnesses shall be examined orally unless the testimony is taken by deposition as provided in § 1.24, or the facts are stipulated in the manner provided in §§ 1.18 and 1.25. The taking of evidence and subsequent proceedings shall proceed with all reasonable diligence and with the least practicable delay.

(2) When objections to the admission or exclusion of evidence before the Commission or the presiding officer are made, the grounds relied upon shall be stated briefly. Formal exceptions are unnecessary and will not be taken to rulings thereon.

timony shall have been served upon all parties to the proceeding or their attorneys of record, including staff counsel of record, at least 5 days in advance of the session of the hearing at which such testimony is to be offered. Such prepared testimony shall be subject to the same rules of admissibility, and the author thereof may be cross examined in all respects as if such testimony were offered in the usual manner. Pertinent objections to such testimony or to any part of it may be made and prosecuted by means of motions to strike. Whenever in the circumstances of a particular case it is deemed necessary or desirable, the Commission or the presiding officer may direct that expert testimony to be given upon direct examination shall be reduced to writing and be served in advance of the time it is to be offered in evidence, and offered in the manner hereinbefore described. A reasonable period of time shall be allowed for the preparation of such written testimony.

(1) Limiting number of expert witnesses. The Commission or the presiding officer may limit appropriately the number of expert witnesses that may be heard upon any issue.

(j) Additional evidence. At any stage of the hearing, or after the close of testimony, the Commission or the presiding officer may call for further evidence upon any issue, and require such evidence to be presented by the party or parties concerned or by the staff counsel, either at that hearing or adjournments thereof. At the hearing, the Commission or the presiding officer may, if deemed advisable, authorize any participant to file specific documentary evidence as a part of the record within a fixed time, expiring not less than 10 days before the date fixed for filing and serving briefs.

(k) Transcript and record. Hearings shall be stenographically reported by the official reporter of the Commission, and a transcript of said report shall be a part of the record and the sole official transcript of the proceeding. Such transcripts shall include a verbatim report of the hearings; nothing shall be omitted therefrom except as is directed on the record by the Commission or the presiding officer. After the closing of the record, there shall not be received in evidence or considered as part of the record any document, letter or other writing submitted after the close of testimony except as provided in paragraph (j) of this section, or changes in the

transcript as provided in paragraph (1) of this section.

(1) Transcript corrections. Corrections in the official transcript may be made only to make it conform to the evidence presented at the hearing and to speak the truth. No corrections or physical changes shall be made in or upon the official transcript of the proceeding, except as herein provided. Transcript corrections agreed to by opposing attorneys may be incorporated into the record, if and when approved by the Commission or the presiding officer, at any time during the hearing or after the close of evidence, as may be permitted by the Commission, or by the presiding officer before the filing of his report, but not less than 10 days in advance of the time fixed for filing final briefs. The Commission or the presiding officer may call for the submission of proposed corrections and may make disposition thereof at appropriate times during the course of a proceeding.

§ 1.21 Copies of transcripts — (a) Availability to participants in public hearings. The Commission will cause to be made a stenographic record of all public hearings and such copies of the transcript thereof as it requires for its own purposes. Participants desiring copies of such transcript may obtain the same from the official reporter upon payment of the fees fixed therefor.

(b) Availability to persons who give evidence in investigations and nonpublic proceedings. Any person compelled to furnish data or to give evidence in any investigation shall be entitled to retain or, upon payment of the lawfully prescribed fees therefor to the Official Reporter, the Secretary, or other designated officer of the Commission, to obtain a copy of the official transcript thereof; Provided, however, That where such data or evidence have been furnished or given in a nonpublic investigatory proceeding conducted by the Commission, such person may, for good cause, be limited to an inspection only, either in person or by a duly accredited representative, of the official transcript of his testimony.

§ 1.22 Witnesses-(a) Oral examination. Witnesses shall be examined orally, and for good cause the Commission may permit their testimony to be taken by deposition as provided in § 1.24. Witnesses whose testimony is taken shall be sworn, or shall affirm, before any ques