alleged factual assertion and any proposed rebuttal be disregarded in arriving at a decision. Nor will the Commission normally permit rebuttal of ex parte endorsement or oppositions by civic or other organizations by the submission of counter endorsements or oppositions.

(5) The prohibitions contained in subparagraph (1) of this paragraph shall apply from the time the Commission announces that an on-the-record hearing will be held.

[Order 141, 12 F.R. 8473, Dec. 19, 1947, as amended by Order 184, 21 F.R. 1047, Feb. 15, 1956; Order 265, 28 F.R. 2899, Mar. 23, 1963; Order 424, 36 F.R. 3805, Feb. 27, 1971]

§ 1.5 Applications.

(a) General. Applications for authorization or permission which the Commission may give under statutory or other delegated authority administered by it, in addition to the requirements prescribed in this part, shall conform to the requirements of the rules and regulations promulgated by the Commission separately under the several statutes and delegations of authority administered by it. (See Subchapters Band E of this chapter.)

(b) Contents. All applications shall be in writing and under oath, shall state clearly and concisely the authorization or permission sought, shall cite by appropriate reference the statutory provision or other authority under which Commission authorization or permission is sought, and shall set forth in the order indicated the following (unless otherwise provided by Commission rules or regulations for the specific type of application involved):

(1) The exact legal name of the applicant, if the applicant is a corporation, trust, association or other organized group, the State or territory under the laws of which the applicant was created or organized, the location of applicant's principal place of business, and the names of all states where applicant is authorized to do business.

(2) The name, title and post office address of the person to whom correspondence or communications in regard to the application is to be addressed. The Commission will serve, where required. all notices, orders and other papers upon the person so named and such service shall be deemed to be service upon applicant.

(3) All other information as required by the Commission's rules and regula

tions under which a specific type of application is filed, and as may be required by the Commission in a particular case or proceeding.

(c) Form. Except where otherwise provided by the Commission rules and regulations under which a specific type of application is filed, applications shall conform to the requirements of § 1.15 as to copies and style, and to § 1.16 as to subscription and verification. [Order 141, 12 F.R. 8473, Dec. 19, 1947] § 1.6 Complaints and orders to show

cause.

(a) General. Any person, including any State or local commission, complaining of anything done or omitted to be done by any licensee, public utility or natural-gas company in contravention of an act, rule, regulation, or order administered or issued by this Commission, may file a complaint with the Commission. If the complaint relates to a provision in a tariff or a contract on file with the Commission it should be identified. A copy of the complaint will be forwarded by the Commission to such licensee, public utility or natural-gas company who shall be called upon to satisfy the complaint or to answer the same in writing within 30 days after the date of service of the complaint unless the Commission with or without motion shall prescribe a different time. A copy of the response or answer shall, at the time it is forwarded to the Commission, be served upon the complainant. If, in the judgment of the Commission, a violation of an act, rule, regulation, or order, administered or issued by this Commission, has been alleged and has not adequately been satisfied it will either invite the parties to an informal conference, set the matter for a formal hearing, or take any other action which in the judgment of the Commission would be appropriate. In the event that a hearing is held the complainant automatically will be a party thereto and need not file a petition for leave to intervene.

(b) Form. A complaint may be made by letter or other writing. It shall contain the name and address of the complainant, the name and address of the party against whom the complaint is made, and a statement of the facts forming the basis for the conclusion that there has been a violation of an act administered by this Commission or of a rule, regulation, or order issued by the Com

mission. Supporting material may be submitted along with the complaint. If possible, 10 copies of the complaint and supporting material should be filed.

(c) Joinder. 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.

(d) Orders to show cause. Whenever the Commission desires to institute a proceeding against any person under statutory or other authority, the Commission may commence such action by an order to show cause setting forth the grounds for such action. Said order will contain a statement of the particulars and matters concerning which the Commission is inquiring, which shall be deemed to be tentative and for the purpose of framing issues for consideration and decision by the Commission in the proceeding, and the order will require that the respondent named respond orally, or in writing (as provided in § 1.9 (c)), or both.

[Order 141, 12 F.R. 8473, Dec. 19, 1947, as amended by Order 359, 33 F.R. 2843, Feb. 10, 1968]

§ 1.7 Petitions.

(a) General. Petitions for relief under any statute or other authority delegated to the Commission shall be in writing and under oath, shall state clearly and concisely the petitioner's grounds of interest in the subject matter, the facts relied upon, and the relief sought, and shall cite by appropriate reference the statutory provision or other authority relied upon for relief and shall conform to the requirements of §§ 1.15 and 1.16.

(b) For issuance, amendment, waiver, or repeal of rules. A petition for the issuance, amendment, waiver, or repeal of a rule by the Commission shall set forth clearly and concisely petitioner's interest in the subject matter, the specific rule, amendment, waiver, or repeal requested, and cite by appropriate reference the statutory provision or other authority therefor. If a rate filing is accompanied by a request for waiver pursuant to this section the thirty-day notice period provided in section 4(d)

of the Natural Gas Act and section 205(d) of the Federal Power Act shall begin to run if and when the Commission grants the request. Such petition shall set forth the purpose of, and the facts claimed to constitute the grounds requiring, such rule, amendment, waiver, or repeal, and shall conform to the requirements of §§ 1.15 and 1.16. Petitions for the issuance or amendment of a rule shall incorporate the proposed rule or amendment.

Petitions

(c) For declaratory orders. for the issuance, in the discretion of the Commission, of a declaratory order to terminate a controversy or remove uncertainty, shall state clearly and concisely the controversy or uncertainty which is the subject of the petition, shall cite the statutory provision or other authority involved, shall include a complete statement of the facts and grounds prompting the petition, together with a full disclosure of petitioner's interest, and shall conform to the requirements of §§ 1.15 and 1.16.

(d) Appeals from actions of the staff. Actions taken pursuant to authority delegated by the Commission may be appealed to the Commission by filing a petition within ten days after such action. Answers to such petitions may be filed by any party or staff counsel within 10 days after the date of service thereof. Such petitions or answers shall conform to the requirements of §§ 1.15 through 1.17.

[Order 141, 12 F.R. 8473, Dec. 19, 1947, as amended by Order 255, 27 F.R. 11001, Nov. 10, 1962; Order 270, 28 F.R. 8287, Aug. 13, 1963] $ 1.8 Intervention.

(a) Initiation of intervention. Participation in a proceeding as an intervener may be initiated as follows:

(1) By the filing of a notice of intervention by a State Commission, including any regulatory body of the State or municipality having jurisdiction to regulate rates and charges for the sale of electric energy, or natural gas, as the case may be, to consumers within the intervening State or municipality.

(2) By order of the Commission upon petition to intervene.

(b) Who may petition. A petition to intervene may be filed by any person claiming a right to intervene or an interest of such nature that intervention is necessary or appropriate to the administration of the statute under which

the proceeding is brought. Such right or interest may be:

(1) A right conferred by statute of the United States;

(2) An interest which may be directly affected and which is not adequately represented by existing parties and as to which petitioners may be bound by the Commission's action in the proceeding (the following may have such an interest: consumers served by the applicant, defendant, or respondent; holders of securities of the applicant, defendant, or respondent; and competitors of the applicant, defendant, or respondent).

(3) Any other interest of such nature that petitioner's participation may be in the public interest.

(c) Form and contents of petitions. Petitions to intervene shall set out clearly and concisely the facts from which the nature of the petitioner's alleged right or interest can be determined, the grounds of the proposed intervention, and the position of the petitioner in the proceeding, so as fully and completely to advise the parties and the Commission as to the specific issues of fact or law to be raised or controverted, by admitting, denying or otherwise answering, specifically and in detail, each material allegation of fact or law asserted in the proceeding, and citing by appropriate reference the statutory provisions or other authority relied on: Provided, That where the purpose of the proposed intervention is to obtain an allocation of natural gas for sale and distribution by a person or municipality engaged or legally authorized to engage in the local distribution of natural or artificial gas to the public, the petition shall comply with the requirements of Part 156 of this chapter (i.e., Regulations Under the Natural Gas Act). Such petitions shall in other respects comply with the requirements of §§ 1.15 to 1.17, inclusive.

(d) Filing and service of petitions. Petitions to intervene and notices of intervention may be filed at any time following the filing of a notice of rate or tariff change, or of an application, petition, complaint, or other document seeking Commission action, but in no event later than the date fixed for the filing of petitions to intervene in any order or notice with respect to the proceedings issued by the Commission or its Secretary, unless, in extraordinary circum

stances for good cause shown, the Commission authorizes a late filing. Service shall be made as provided in § 1.17. Where a person has been permitted to intervene notwithstanding his failure to file his petition within the time prescribed in this paragraph, the Commission or officer designated to preside may, where the circumstances warrant, permit the waiver of the requirements of § 1.26(c) (5) with respect to copies of exhibits for such intervener.

(e) Answers to petitions. Any party to the proceeding or staff counsel may file an answer to a petition to intervene, and in default thereof, may be deemed to have waived any objection to the granting of such petition. If made, answers shall be filed within 10 days after the date of service of the petition, but not later than 5 days prior to the date set for the commencement of the hearing, if any, unless for cause the Commission with or without motion shall prescribe a different time. They shall in all other respects conform to the requirements of SS 1.15 to 1.17, inclusive.

(f) Notice and action on petitions(1) Notice and service. Petitions to intervene, when tendered to the Commission for filing, shall show service thereof upon all participants to the proceeding in conformity with § 1.17(b).

(2) Action on petitions. As soon as practicable after the expiration of the time for filing answers to such petitions or default thereof, as provided in paragraph (e) of this section, the Commission will grant or deny such petition in whole or in part or may, if found to be appropriate, authorize limited participation. No petitions to intervene may be filed or will be acted upon during a hearing unless permitted by the Commission after opportunity for all parties to object thereto. Only to avoid detriment to the public interest will any presiding officer tentatively permit participation in a hearing in advance of, and then only subject to, the granting by the Commission of a petition to inter

vene.

(g) Limitation in hearings. Where there are two or more interveners having substantially like interests and positions, the Commission or presiding officer may, in order to expedite the hearing, arrange appropriate limitations on the number of attorneys who will be

(a) Answers to complaints and petitions. Answers to complaints and petitions, other than petitions to intervene and petitions of appeal from delegated actions of the staff, shall be filed with the Commission within 30 days after the date of service, unless for cause the Commission with or without motion shall prescribe a different time, but in no case shall answer be required in less than 10 days after the date of service. Any defendant failing to file answer within such period shall be deemed in default, and all relevant basic facts stated in such complaint or petition may be deemed admitted. All answers shall be in writing and under oath, and so drawn as fully and completely to advise the parties and the Commission as to the nature of the defense. They shall admit or deny specifically and in detail each material allegation of the pleading answered, and state clearly and concisely the facts and matters of law relied upon. They shall conform to the requirements of §§ 1.15 to 1.17, inclusive.

(b) Answers to petitions to intervene. (See § 1.8(e).)

(c) Answers to orders to show cause. Any person upon whom an order to show cause has been served under § 1.6 shall, if directed so to do, respond to the same by filing within the time specified in said order an answer in writing and under oath. Such answer shall be drawn so as specifically to admit or deny the allegations or charges which may be made in said order, set forth the facts upon which respondent relies, and state concisely the matters of law relied upon. Mere general denials of the allegations of said order unsupported by specific facts upon which respondent relies will not be considered as complying with the order and may be deemed a basis for entry of a final order without hearing, unless otherwise required by statute, on the ground that the response has raised no issues requiring a hearing or further proceedings. Any respondent failing to file answer within the time allowed shall

(e) Defendants seeking affirmative relief. Defendants seeking relief against other parties in a proceeding by reason of the presence of common questions of law or fact shall set forth in their answer the facts constituting the grounds of complaint, the provisions of the statutes, rules, regulations, or orders relied upon, the injury complained of, and the relief sought. The answer shall in all other respects, conform to the requirements of this section and §§ 1.15 to 1.17, inclusive.

(f) Replies to defendants seeking affirmative relief. Unless otherwise ordered by the Commission, replies to answers seeking affirmative relief must be filed and served within 15 days after the service of the answer, but not later than 5 days prior to the date set for the commencement of the hearing, if any. They shall in all other respects conform to the requirements of §§ 1.15 to 1.17, inclusive.

(g) Answers to amendments of pleadings. Any party to a proceeding or staff counsel may file an answer to any amendment, modification or supplement to an application, complaint, petition or other pleading. If made, answers shall be filed within 15 days after the date of service of the amendment, modification or supplement, unless for cause the Commission or presiding officer with or without motion shall prescribe a different time. They shall in all other respects conform to the requirements of §§ 1.15 to 1.17, inclusive.

(h) Satisfaction of complaints. If the defendant satisfies a formal complaint either before or after answering, a statement to that effect signed by the opposing parties shall be filed, setting forth when and how the complaint has been satisfied and requesting dismissal. Such statements shall be served upon all parties, and the original copies of such statements, when filed, shall show service on all parties, and in other respects shall conform to the requirements of §§ 1.15 to 1.17, inclusive; all additional copies shall be conformed thereto.

(a) General. Any person, including any State or local commission, objecting to the approval of an application, petition, motion, or other matter which is, or will be, under consideration by the Commission (or an administrative law judge) may file a protest. No particular form of protest is required but the letter or writing should contain the name and address of the protestant, the proceeding or matter to which the protest is addressed, and a concise statement of the protest. If possible 10 copies of the protest should be forwarded to the Commission. Service need not be effected upon the parties.

(b) Effect of protest. A protest is intended solely to alert the Commission and the parties to a proceeding of the fact and nature of the protestant's objection to a certificate application, rate filing, license application, complaint proceeding, or any other proposed Commission action, other than a notice of proposed rulemaking (all timely filed responses to notices of proposed rulemaking will be treated as "comments" and considered by the Commission as such). The filing of a protest does not make the protestant a party to the proceeding; a separate petition to intervene is required for this purpose. Nor will a protest be considered by the Commission as establishing the truth of its assertions. Where a timely protest is received prior to any action by the Commission taking final action in the matter, or designating a proceeding for formal hearing, it will be considered in determining what action is appropriate. If a hearing has been ordered, the protest will be placed into a public file associated with, but not part of the record upon which the Commission's decision is made, and will be available for such further exploration of the substantive matters raised therein by the Commission staff and the other parties as may be appropriate.

[Order 359, 33 F.R. 2843, Feb. 10, 1968; 33 F.R. 2993, Feb. 15, 1968]

plaint, petition or other pleading shall be deemed as an amendment to the pleading, and shall comply with the requirements of the rules of this chapter relating to the pleading amended insofar as appropriate and in all other respects shall conform to the requirements of §§ 1.15 to 1.17, inclusive. Upon its own motion or upon motion promptly filed by any participant, the Commission may for good cause decline to permit, or may strike in whole or in part, any amendment. No amendment to a pleading may be filed within 5 days next preceding the commencement of or during a hearing unless directed or permitted by the Commission or the presiding officer after opportunity for all parties to be heard thereon.

(b) Amendments to conform to the evidence. When, at a hearing, issues not raised by the pleadings are introduced by express or implied consent of the parties, they shall be treated in all respects as if they had been raised in the pleadings. Such amendment of the pleadings as may be necessary to cause them to conform to the evidence and to raise these new issues may be made upon motion of any participant at any time during the hearing. If evidence upon such new issues is objected to on the ground that it is not within the issues raised by the pleadings, the Commission or the presiding officer may allow the pleadings to be amended and such evidence to be received, when it appears that the presentation of the merits of the proceeding will be served thereby without prejudicing the public interest or the rights of any participant. When, in the discretion of the Commission or the presiding officer, a continuance is necessary in order to enable the objecting participant to meet such new issues and evidence, a continuance may be granted by the Commission or the presiding officer, as provided in § 1.13(e).

(c) Directed amendments. The Commission may at any time, or during a hearing the presiding officer may on his own motion or the motion of any participant, direct a party to state his case by way of amendment more fully or in more detail. Such amendment shall be reduced to writing and filed within such time as may be fixed therefor, and shall conform to the requirements of §§ 1.15 to 1.17, inclusive.

(d) Withdrawal of pleadings. A participant desiring to withdraw a pleading filed with the Commission may file a