notice of withdrawal thereof with the Commission. Such notice shall set forth the reasons for the withdrawal and conform to the requirements of this section and §§ 1.15 to 1.17, inclusive, as to copies, form, service, subscription, and verification. A certificate shall accompany every notice showing service on all participants. Unless otherwise ordered by the Commission for good cause, such notice shall, 30 days after the filing thereof, be deemed to have effected the withdrawal of the pleading, including amendments, if any: Provided, however, That this paragraph shall not be construed as effecting, without express permission of the Commission, withdrawal of:

(1) Any pleading in any proceeding in which a hearing has been held or convened;

(2) Any formal complaint, answer thereto, response to order to show cause. or any amendment to any of the aforesaid pleadings;

(3) Any declaration of intention or application for license, or amendment thereof, under Part I of the Federal Power Act.

[Order 141, 12 FR. 8475, Dec. 19, 1947, as amended by Order 229, 25 F.R. 10869, Nov. 16, 1960]

(a) Scope and contents. After a hearing has commenced in a proceeding, a request may be made by motion for any procedural or interlocutory ruling or relief desired except as may be expressly provided for in §§ 1.5, 1.6, 1.7 (b) and (c), 1.8, 1.9, 1.10 and 1.11. Other motions may be made as provided for elsewhere in this part. Motions shall set forth the ruling or relief sought, and state the grounds therefor and the statutory or other authority relied upon.

(b) Presentation. The requirements of §§ 1.15 to 1.17, inclusive, shall apply to all written motions. Motions made during hearings may be stated orally upon the record, Provided, however, That the Commission or presiding officer may require that such motions be reduced to writing and filed separately.

(c) Objections. Any party or staff counsel shall have ten days within which to answer or object to any motion unless the period of time is otherwise fixed by the Commission or presiding officer.

(d) Rulings on. The presiding officer designated to preside at a hearing is au

thorized to rule upon any motion not formally acted upon by the Commission prior to the commencement of the hearing where immediate ruling is essential in order to proceed with the hearing, and upon any motion filed or made after the commencement thereof and prior to the submission of his initial or recommended decision in the proceedings, Provided, however, That no motion made before or during a hearing, a ruling upon which would involve or constitute a final determination of the proceeding, shall be ruled upon by a presiding officer except as a part of either his initial or recommended decision submitted after the conclusion of the hearing, Provided, further, That this section shall not be construed as precluding a presiding officer, within his discretion, from referring any motion to the Commission for ultimate determination. The Commission will rule upon all other motions and upon such motions as presiding officers may certify to the Commission for disposition.

(e) Commission action. With respect to any motion filed with the Commission after a hearing has commenced, or made to a presiding examiner after a hearing has commenced and referred to the Commission, unless the Commission acts within 30 days after such filing or referral, whichever is later, the motion shall be deemed to have been denied. The administrative law judge shall notify the parties to the proceeding of the date on which a motion is referred to the Commission either by an announcement on the record where the hearing is in session or by written notice if the hearing is in recess.

[Order 141, 12 F.R. 8475, Dec. 19, 1947, as amended by Order 217, 24 F.R. 9471, Nov. 25, 1959]

§ 1.13 Time; extensions of time; issuance of orders.

(a) Computation of time. Except as otherwise provided by law, in computing any period of time prescribed or allowed by this part, by any rule, regulation, or order of the Commission, or by any applicable statute, the day of the act, event, or default from or after which the designated period of time begins to run shall not be included, but the last day of the period so computed shall be included, unless it is a Saturday, Sunday, or a legal holiday in the District of Columbia, in which event the period shall run until the

end of the next day which is not a Saturday, Sunday, or a holiday. A partday holiday shall be considered as other days and not as a holiday.

(b) Issuance of orders. In computing any period of time involving the date of the issuance of an order by the Commission, the day of issuance of an order shall be the day the Office of the Secretary mails or delivers copies of the order (full text) to the parties or their attorneys of record, or makes such copies public, whichever be the earlier. Orders will not be made public prior to the mailing or delivery to the parties or their attorneys of record, except where, in the judgment of the Commission, the public interest so requires. The day of issuance of an order may or may not be the day of its adoption by the Commission. In any event, the Office of the Secretary shall clearly indicate on each order the date of its issuance. At the time any intermediate initial or tentative decision becomes effective as a decision of the Commission in the absence of Commission review as provided for by $$ 1.30 and 1.31, the Secretary will issue and serve upon the parties of record an appropriate notice of the date such decision became effective as a Commission decision or order.

(c) Effective dates of orders. Orders of the Commission shall be effective as of the dates of issuance unless otherwise specially provided in the orders.

(d) Extensions of time. Except as otherwise provided by law, whenever by any rule, regulation, or order of the Commission, or any notice given thereunder, an act is required or allowed to be done at or within a specified time, the time fixed or the period of time prescribed may, by the Commission or the presiding officer, for good cause be extended upon motion made before expiration of four-fifths of the period originally prescribed or as previously extended; and upon motion made after the expiration of the specified period, the act may be permitted to be done where reasonable grounds are shown for the failure to act.

(c) Continuances. Except as otherwise provided by law the Commission may for good cause at any time, with or without motion, continue or adjourn any hearing. A hearing before the Commission or a presiding officer shall begin at the time and place fixed in an order or a notice, but thereafter may be adjourned from time to time or from place to place

by the Commission or the presiding officer.

(f) Requests for continuance, time ertensions. Except as otherwise provided by law, requests for continuance of hearings or for extensions of time in which to perform any act required or allowed to be done at or within a specified time by any rule, regulation, or order of the Commission, shall be by motion in writing, timely filed with the Commission, stating the facts on which the application rests, except that during the course of a hearing in a proceeding, such requests may be made by oral motion in the hearing before the Commission or the presiding officer. Written motions filed under this section shall conform to the requirements of §§ 1.12 and 1.15 to 1.17, inclusive.

(g) Additional time after service by mail. Whenever a participant has the right or is required to make a filing within a prescribed period after the date of service of a notice, motion, petition, complaint, order, or other pleading or document upon him, when such paper is served upon him by mail, 5 days shall be added to the prescribed period. In determining the date of service and computing the time from such date, the provisions of § 1.17(d) and paragraph (a) shall apply.

[Order 141, 12 F.R. 8475, Dec. 19, 1947, as amended by Order 364, 33 F.R. 8811, June 18. 1968; Order 444, 36 F.R. 23904, Dec. 16, 1971] § 1.14 Filings; docket; hearing calendar.

(a) Filing with the Commission—(1) Defined. The filing of written applications, complaints, declarations, petitions, protests, answers, motions, briefs, exceptions, rate schedules, notices, reports, or other pleadings, amendments to pleadings, documents, or papers, with the Commission as required or allowed by these rules, by any rule, regulation, or order of the Commission, or by any applicable statute, shall be made by filing them with the Office of the Secretary of the Commission in Washington, D.C. Any such papers must be received by the Commission in Washington, D.C., within the time limit, if any, for such filing.

(2) Acceptance for filing. There will be accepted for filing only such applications, pleadings, and other papers as conform to the requirements of this part, and any other applicable rule, regulation, or order of the Commission or applicable statute; applications, pleadings or other papers tendered for filing

notice of withdrawal thereof with the Commission. Such notice shall set forth the reasons for the withdrawal and conform to the requirements of this section and §§ 1.15 to 1.17, inclusive, as to copies, form, service, subscription, and verification. A certificate shall accompany every notice showing service on all participants. Unless otherwise ordered by the Commission for good cause, such notice shall, 30 days after the filing thereof, be deemed to have effected the withdrawal of the pleading, including amendments, if any: Provided, however, That this paragraph shall not be construed as effecting, without express permission of the Commission, withdrawal of:

(1) Any pleading in any proceeding in which a hearing has been held or convened;

(2) Any formal complaint, answer thereto, response to order to show cause. or any amendment to any of the aforesaid pleadings;

(3) Any declaration of intention or application for license, or amendment thereof, under Part I of the Federal Power Act.

[Order 141, 12 FR. 8475, Dec. 19, 1947, as amended by Order 229, 25 F.R. 10869, Nov. 16, 1960]

(a) Scope and contents. After a hearing has commenced in a proceeding, a request may be made by motion for any procedural or interlocutory ruling or relief desired except as may be expressly provided for in §§ 1.5, 1.6, 1.7 (b) and (c), 1.8, 1.9, 1.10 and 1.11. Other motions may be made as provided for elsewhere in this part. Motions shall set forth the ruling or relief sought, and state the grounds therefor and the statutory or other authority relied upon.

(b) Presentation. The requirements of §§ 1.15 to 1.17, inclusive, shall apply to all written motions. Motions made during hearings may be stated orally upon the record, Provided, however, That the Commission or presiding officer may require that such motions be reduced to writing and filed separately.

(c) Objections. Any party or staff counsel shall have ten days within which to answer or object to any motion unless the period of time is otherwise fixed by the Commission or presiding officer.

(d) Rulings on. The presiding officer designated to preside at a hearing is au

thorized to rule upon any motion not formally acted upon by the Commission prior to the commencement of the hearing where immediate ruling is essential in order to proceed with the hearing, and upon any motion filed or made after the commencement thereof and prior to the submission of his initial or recommended decision in the proceedings, Provided, however, That no motion made before or during a hearing, a ruling upon which would involve or constitute a final determination of the proceeding, shall be ruled upon by a presiding officer except as a part of either his initial or recommended decision submitted after the conclusion of the hearing, Provided, further, That this section shall not be construed as precluding a presiding officer, within his discretion, from referring any motion to the Commission for ultimate determination. The Commission will rule upon all other motions and upon such motions as presiding officers may certify to the Commission for disposition.

(e) Commission action. With respect to any motion filed with the Commission after a hearing has commenced, or made to a presiding examiner after a hearing has commenced and referred to the Commission, unless the Commission acts within 30 days after such filing or referral, whichever is later, the motion shall be deemed to have been denied. The administrative law judge shall notify the parties to the proceeding of the date on which a motion is referred to the Commission either by an announcement on the record where the hearing is in session or by written notice if the hearing is in recess.

[Order 141, 12 F.R. 8475, Dec. 19, 1947, as amended by Order 217, 24 F.R. 9471, Nov. 25, 1959]

§ 1.13

Time; extensions of time; issuance of orders.

(a) Computation of time. Except as otherwise provided by law, in computing any period of time prescribed or allowed by this part, by any rule, regulation, or order of the Commission, or by any applicable statute, the day of the act, event, or default from or after which the designated period of time begins to run shall not be included, but the last day of the period so computed shall be included, unless it is a Saturday, Sunday, or a legal holiday in the District of Columbia, in which event the period shall run until the

end of the next day which is not a Saturday, Sunday, or a holiday. A partday holiday shall be considered as other days and not as a holiday.

(b) Issuance of orders. In computing any period of time involving the date of the issuance of an order by the Commission, the day of issuance of an order shall be the day the Office of the Secretary mails or delivers copies of the order (full text) to the parties or their attorneys of record, or makes such copies public, whichever be the earlier. Orders will not be made public prior to the mailing or delivery to the parties or their attorneys of record, except where, in the judgment of the Commission, the public interest so requires. The day of issuance of an order may or may not be the day of its adoption by the Commission. In any event, the Office of the Secretary shall clearly indicate on each order the date of its issuance. At the time any intermediate initial or tentative decision becomes effective as a decision of the Commission in the absence of Commission review as provided for by §§ 1.30 and 1.31, the Secretary will issue and serve upon the parties of record an appropriate notice of the date such decision became effective as a Commission decision or order.

Orders

(c) Effective dates of orders. of the Commission shall be effective as of the dates of issuance unless otherwise specially provided in the orders.

(d) Extensions of time. Except as otherwise provided by law, whenever by any rule, regulation, or order of the Commission, or any notice given thereunder, an act is required or allowed to be done at or within a specified time, the time fixed or the period of time prescribed may, by the Commission or the presiding officer, for good cause be extended upon motion made before expiration of four-fifths of the period originally prescribed or as previously extended; and upon motion made after the expiration of the specified period, the act may be permitted to be done where reasonable grounds are shown for the failure to act.

(e) Continuances. Except as otherwise provided by law the Commission may for good cause at any time, with or without motion, continue or adjourn any hearing. A hearing before the Commission or a presiding officer shall begin at the time and place fixed in an order or a notice, but thereafter may be adjourned from time to time or from place to place

by the Commission or the presiding officer.

(f) Requests for continuance, time extensions. Except as otherwise provided by law, requests for continuance of hearings or for extensions of time in which to perform any act required or allowed to be done at or within a specified time by any rule, regulation, or order of the Commission, shall be by motion in writing, timely filed with the Commission, stating the facts on which the application rests, except that during the course of a hearing in a proceeding, such requests may be made by oral motion in the hearing before the Commission or the presiding officer. Written motions filed under this section shall conform to the requirements of §§ 1.12 and 1.15 to 1.17, inclusive.

(g) Additional time after service by mail. Whenever a participant has the right or is required to make a filing within a prescribed period after the date of service of a notice, motion, petition, complaint, order, or other pleading or document upon him, when such paper is served upon him by mail, 5 days shall be added to the prescribed period. In determining the date of service and computing the time from such date, the provisions of § 1.17 (d) and paragraph (a) shall apply.

[Order 141, 12 F.R. 8475, Dec. 19, 1947, as amended by Order 364, 33 F.R. 8811, June 18. 1968; Order 444, 36 F.R. 23904, Dec. 16, 1971] § 1.14 Filings; docket; hearing calendar.

(a) Filing with the Commission-(1) Defined. The filling of written applications, complaints, declarations, petitions, protests, answers, motions, briefs, exceptions, rate schedules, notices, reports, or other pleadings, amendments to pleadings, documents, or papers, with the Commission as required or allowed by these rules, by any rule, regulation, or order of the Commission, or by any applicable statute, shall be made by filing them with the Office of the Secretary of the Commission in Washington, D.C. Any such papers must be received by the Commission in Washington, D.C., within the time limit, if any, for such filing.

(2) Acceptance for filing. There will be accepted for filing only such applications, pleadings, and other papers as conform to the requirements of this part, and any other applicable rule, regulation, or order of the Commission or applicable statute; applications, pleadings or other papers tendered for filing

which, because of the particular rule, regulation, or requirement involved, patently fail so to conform will be considered defective and will be rejected unless accompanied by a request, pursuant to § 1.7(b), for waiver of, or exception to, any rule, regulation or requirement with which the document tendered is in conflict or does not conform. Such request shall show the nature of the waiver or exception desired and set forth the reasons in support thereof. Unacceptable filings may be returned by the Secretary with an indication of the deficiencies thereof and the reasons for nonacceptance and return. Acceptance for filing shall not waive any failure to comply with the rules and such failure may be cause for striking all or any part of such filings.

(b) Docket. The Records Officer shall maintain a docket of all proceedings, and each proceeding as initiated shall be assigned an appropriate designation. The docket shall be available for inspection and copying by the public during the office hours of the Commission insofar as consistent with the proper discharge of the Commission's duties.

(c) Hearing calendar. (1) The Secretary shall maintain a hearing calendar of all proceedings set for hearing.

(2) In the absence of cause requiring otherwise, and as time, the nature of the proceedings, and the proper execution of the Commission's functions permit, matters required to be determined upon the record after hearing or opportunity for hearing will be placed upon the hearing calendar. Proceedings pending upon this calendar will in their order of assignment, so far as practicable, be heard at the times and places fixed by the Commission, its Secretary, or the officer designated to preside, giving due regard to the convenience and necessity of the parties or their attorneys; however, in its discretion with or without motion, the Commission or its Secretary, for cause may at any time with due notice to the parties advance or postpone any proceeding on the hearing calendar.

[Order 141, 12 F.R. 8476, Dec. 19, 1947, as amended by Order 217, 24 F.R. 9471, Nov. 25, 1959; Order 248, 27 F.R. 5606, June 13, 1962; Order 255, 27 F.R. 9499, Sept. 26, 1962]

§ 1.15 Formal requirements as to pleadings, documents and other papers filed in proceedings.

(a) Title. Pleadings, documents, or other papers filed with the Commission in any proceedings shall clearly show the

docket designation and title of the proceeding before the Commission. They shall also show, in the title of the particular pleading or other document filed, the name of the person in whose behalf the filing is made. If more than one person is involved, a single name only need be included in the title.

(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.)

(c) Form-(1) Typewritten. Pleadings, documents, or other papers filed 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, unless there are more than four pages, 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