(c) Regardless of any action which may have been taken by the Commission upon a previous application under section 305(b) of the act, an application for approval under such section is required with reference to any position or positions not previously authorized which are within the purview of said section. § 45.3 Time of filing application.

(a) Anticipatory application. An application may be made in anticipation of election or appointment to a position or positions within the purview of section 305(b) of the act.

(b) Application after election or appointment. Section 305(b) of the act provides that the holding of positions within the purview of that section shall be unlawful unless the holding shall have been authorized by order of the Commission. Nothing in this part shall be construed as authorizing the holding of positions prior to the order of the Commission on application therefor. Applications shall be filed within 30 days after election or appointment to any positions within the purview of section 305 (b) of the act.

§ 45.4 Supplemental applications.

(a) New positions. In the event of a change or changes in the information set forth in an application, by the applicant's election or appointment to another position or other positions in corporations within the purview of section 305 (b) of the act, the application shall be supplemented by the applicant's setting forth all the data with respect to the new position or positions in accordance with the requirements of this part.

(b) Old positions. After applicant has been authorized to hold a particular position, further application in connection with each successive term so long as he continues in uninterrupted tenure of such position will not be required except as ordered by the Commission. If the term of office or the holding of any position for which authorization has been given shall be interrupted and the applicant shall subsequently be reelected or reappointed thereto, further authorization will be required.

§ 45.5 Supplemental information.

(a) Required by Commission. Applicants under this part shall upon request of the Commission and within such time as may be allowed, supplement any application or any supplemental application with any information required by the Commission.

(b) Notice of changes. In the event of the applicant's resignation, withdrawal, or failure of reelection or appointment in respect to any of the positions for which authorization has been granted by the Commission, or in the event of any other material or substantial change therein, the applicant shall within 30 days after any such change occurs, give notice thereof to the Commission setting forth the position corporation, and date of termination therewith, or other material or substantial change.

(c) Reports. All persons holding positions by authorization of the Commission under section 305(b) of the act may be required to file such periodic or special reports as the Commission may deem necessary.

§ 45.6 Termination of authorziation.

(a) By the Commission. Orders of authorization under section 305(b) of the act are subject to revocation by the Commission after due notice to applicant and opportunity for hearing. In any such proceeding the burden of proof shall be upon the applicant to show that neither public nor private interests will be adversely affected by the holding of such positions.

(b) Without action of the Commission. Whenever a person shall cease to hold a position theretofore authorized to be held by the Commission or such position shall cease to be within the purview of section 305(b) of the Federal Power Act, the Commission's authorization to hold such position shall terminate without further action by the Commission. If upon such termination of authorization as aforesaid, such person does not continue to hold at least two positions authorized and then requiring authorization pursuant to said section 305(b) of the act, all authorization theretofore given by the Commission shall thereupon terminate.

§ 45.7 Form of application; number of copies.

An original and two copies of each application, supplemental application, statement of supplemental information, notice of change and report required to this part, together with one additional copy for each interested State commission, shall be filed with the Commission. Each original shall be dated, signed by the applicant and verified under oath in accordance with § 131.60 of this chapter. Each copy shall bear the date and signature that appear on the original and shall be complete in itself, but the signature in the copies may be stamped or typed and the notarial seal may be omitted. The application shall conform to § 1.15 of this chapter.

Each application shall be accompanied by the fee prescribed in Part 36 of this subchapter and shall state the following:

(a) Identification of applicant. (1) Full name, business address, and place of residence.

(2) Major business or professional activity.

(3) If former application or applications under section 305(b) of the Act have been made by the applicant, give date and docket number of the last application filed.

(4) If application is not filed with the Commission within 30 days after election or appointment, state reasons in full for the delay.

(b) List of positions within the purview of section 305(b) of the act for which authorization is sought. (Indicate by asterisk positions which were the subjects of previous authorizations.)

of the same holding company system, brevity will generally be promoted by submitting the information for all of the utilities involved under each subsection progressively in the order of the subsections, utilizing tables when feasible.)

(1) Name, principal place of business, and a brief description of operations.

(2) Date elected or appointed, or anticipated date of election or appointment, to each position not previously authorized.

(3) Names of officers and directors; number of vacancies, if any, on Board of Directors.

(4) Description of applicant's duties: Approximate amount of time devoted thereto; and, if applicant seeks authorization as a director, when and where directors meetings have been held during the past 12 months and number of such meetings attended by applicant.

(5) All other professional, contractual, or business relationships of applicant with the public utility, either directly or through other corporations or firms.

(6) Extent of applicant's direct or indirect ownership, control of, or beneficial interest in the public utility or the securities thereof. If ownership or interest is held in a name other than that of applicant, state name and address of the holder.

(7) Extent of applicant's indebtedness to the public utility, how and when incurred, and consideration therefor.

(8) All money or property received by applicant from the public utility or any affiliate during the past 12 months, and expected during the ensuing 12 months, whether for services, reimbursement of expenses, or otherwise. Specify in detail the amount thereof and the basis therefor. If applicant's compensation for services to the public utility is not paid directly by the public utility, give name of the corporation which does pay same, the amount allocated or allocable to the public utility or any affiliate, and the basis or reason for such allocation.

(9) Name and address of principal place of business of any corporation which renders management, construction or other service to the public utility pursuant to contract or other continuing arrangement.

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(10) Whether during the past 5 years the public utility or any affiliate thereof or any security holders of either have commenced any suit against the officers or directors thereof for alleged waste, mismanagement or violation of duty, to which suit applicant was a party defendant. If so, give date of commencement of suit, court in which commenced, and present status.

(11) Whether the public utility or any affiliate thereof, during the past 5 years and while applicant held a position therein, has either voluntarily or involuntarily been the subject of any proceeding in bankruptcy (including 77(b), 48 Stat. 912; 11 U.S.C. 207), insolvency or equity receivership, either Federal or State. If so, give date of commencement of proceeding, court in which commenced, and present status.

(d) Data as to positions with each bank, trust company, banking association or firm, mentioned in paragraph (b) of this section, that is authorized by law to underwrite or participate in the marketing of securities of a public utility. (The applicant shall use a separate sheet for each corporation.)

(1) Name of corporation, State, and date of incorporation (if any) and address of principal place of business.

(2) States in which corporation is doing business or has qualified to do business.

(3) Positions which applicant holds or seeks authorization to hold therein and when and by whom elected or appointed to each position.

(4) Description of applicant's duties in each position and approximate amount of time devoted thereto, and, if applicant seeks authorization as director, where directors meetings are held.

(5) Extent of applicant's direct or indirect ownership, or control of, or beneficial interest in, the company or in the securities thereof, including common stock, preferred stock, bonds, or other securities. If such ownership or interest is held in a name other than that of applicant, state name and address of such holder.

(6) All money or property received by applicant from the company during the past 12 months, and expected during the

ensuing 12 months whether for services, reimbursement for expenses, or otherwise. Specify in detail the amount thereof and the basis therefor.

(7) Names, titles, and residence addresses of directors, officers, or partners. (8) Whether the corporation is now engaged in underwriting or participating in the marketing of the securities of a public utility; if so, to what extent.

(9) Whether the corporation, during applicant's connection therewith, has underwritten or participated in the marketing of the security issue of any public utility with which applicant was also connected; if so, the details with respect to every such transaction.

(10) (If the answer to subparagraph (8) of this paragraph is in the negative.) Give excerpts from the charter, declaration of trust, or articles of partnership which authorize the underwriting or participating in the marketing of securities of a public utility.

(11) (If the answer to subparagraph (8) of this paragraph is in the negative.) Give general requirements of and appropriate reference to, the laws of the State of organization and of States in which corporation is doing business or has qualified to do business, with which it must comply in order to engage in the business of underwriting or participating in the marketing of the securities of a public utility.

(12) What steps, if any, have been taken to comply with laws mentioned in subparagraph (11) of this paragraph.

(13) In lieu of subparagraphs (10), (11), and (12) of this paragraph, an opinion by counsel to the same effect and including the information in respect thereto may be filed with the application.

(14) Whether the corporation has registered with the Securities and Exchange Commission; if so, when and under what section of what act.

(e) Data as to positions with each company, mentioned in paragraph (b) of this section, supplying electrical equipment to a public utility in which applicant holds a position. (Applicant shall use a separate sheet for each company.)

(1) Name of company, State, and date of incorporation (if any), and address of principal place of business.

(2) Positions which applicant holds or seeks authorization to hold therein and when and by whom elected or appointed to each position.

(3) Description of applicant's duties in each position and approximate amount of time devoted thereto, and, if applicant seeks authorization as director, when and where directors meetings have been held during the past 12 months and number of said meetings attended by applicant. (4) Names, titles, and residence addresses of directors or partners.

(5) Name of each public utility, with which applicant holds or seeks authorization to hold a position, to which the company supplies electrical equipment; the frequency of such transactions; the approximate annual dollar volume of such business; and the type of equipment supplied.

(6) Nature of relationship between the company supplying electrical equipment and the public utility:

(i) Whether company manufactures such electrical equipment or is a dealer therein.

(ii) Whether company supplies electrical equipment to the public utility pursuant to construction, service, agency, or other contract with the public utility or an affiliate thereof, and, if so, furnish brief summary of the terms of such contract.

(7) Extent of applicant's direct or indirect ownership, or control of, or beneficial interest in, the company or in the securities thereof, including common stock, preferred stock, bonds, or other securities. If such ownership or interest is held in a name other than that of applicant, state name and address of such holder.

(8) All money or property received by applicant from the company during the past 12 months, and expected during the ensuing 12 months whether for services, reimbursement for expenses, or otherwise. Specify in detail the amount thereof and the basis therefor.

(f) Data as to positions with public utility holding companies. (Do not include here data as to corporations listed in paragraph (b) of this section which are also holding companies. A "holding company" as herein used means any corporation which directly or indirectly

owns, controls, or holds with power to vote, 10 per centum or more, of the outstanding voting securities of a public utility.)

(1) Name of holding company, State, and date of incorporation (if any), and address of principal place of business.

(2) Positions which applicant holds therein, when and by whom elected or appointed to each position.

(3) Extent of applicant's direct or indirect ownership, or control of, or beneficial interest in, the holding company or in the securities thereof, including common stock, preferred stock, bonds, or other securities. If such ownership or interest is held in a name other than that of applicant, state name and address of such holder.

(4) All money or property received by applicant from the holding company during the past 12 months, and expected during the ensuing 12 months, whether for services, reimbursement for expenses, or otherwise. Specify in detail the amount thereof and the basis therefor. (g) Positions with all other corporations. (Do not include here data as to any corporations listed in paragraphs (b) or (f) of this section.)

(1) All other corporations and positions therein, including briefly the information required in parallel columns as below:

(2) Any corporate, contractual, financial, or business relationships between any of the corporations listed in subparagraph (1) of this paragraph and any of the public utilities listed in paragraph (b) of this section.

(h) Data as to the public utility holding company system. The names of the public utility holding company systems of which each public utility listed in paragraph (b) of this section is a part, with a chart showing the corporate relationships existing between and among the corporations within the holding company systems.

[Order 246, 27 F.R. 4912, May 25, 1962, as amended by Order 427, 36 FR. 5598, Mar. 25, 1971]

§ 50.1 Filing of company procurement policies and practices.

Not later than January 1, 1970, each licensee, permittee, and public utility shall be required to reduce to writing, file with the Commission in triplicate and make available to any member of the public upon request a comprehensive statement of its procurement policies and procedures. Amendments thereto shall likewise be filed and made available to the public, upon specific request, within 30 days of their effective dates. Statements of procurement policies and procedures shall include, but not be limited to, the following:

(a) The objectives of the company in its procurement function.

(b) Policies governing the choice of procurement method (sealed-bid formal advertising, competitive negotiation, noncompetitive contract awards, etc.) with specific reference to the following categories:

(1) Equipment.

(2) Materials and supplies.

(3) Construction.

(4) Repair, maintenance and management services.

(5) Research and development.

(c) Extent and nature of public notice of proposed procurements, and of direct notice to prospective suppliers.

(d) The extent of the competition required. This should include any limita

tions to or preferences for suppliers in the utility service areas.

(e) The method of qualifying the suppliers.

(f) The policy adopted by the utility of putting names on their bidders list and also under what circumstances names would be removed from the bidders list.

(g) The company personnel that vendors should contact.

(h) Procedures governing the opening of sealed bids and proposals, negotiations with bidders or offerors, and criteria for contract award thereunder.

(i) Policies and procedures with respect to types of contracts (cost-plus. incentive type, fixed price, etc.).

(j) The circumstances under which negotiations are made without competition such as for emergencies, repair parts, accessory and supplemental equipment, matching existing equipment or architectural design.

(k) Any special procurement policies or restrictions such as those relating to regional, state or local suppliers, small business suppliers, procurement from corporate affiliates, and union or nonunion suppliers.

(1) Any "Buy American" policy that the company may adopt.

(m) Policies and procedures, if any, with respect to approval or control of subcontracts and subcontractors.

(n) Any applicable Federal and state laws and agreements with employee organizations which might affect the procurement policy.

(Secs. 304, 309, as amended, 49 Stat. 855, 858; 16 U.S.C. 825c, 825h; sec. 16, 52 Stat. 830; 15 U.S.C. 7170) [Order 386, 34 FR. 12825, Aug. 7, 1969]

PART 101-UNIFORM SYSTEM OF ACCOUNTS PRESCRIBED FOR CLASS A AND CLASS B PUBLIC UTILITIES AND LICENSEES

AUTHORITY: The provisions of this Part 101 issued under secs. 3(13), 4(b), 41 Stat. 1063, 1065, as amended, secs. 301 (a), 304 (a), 309, 49a Stat. 854, 855, 858, 16 U.S.C. 796(13), 797 (b), 825 (a), 825c (a), 825h.

SOURCE: The provisions of this Part 101 contained in Order 218, 25 F.R. 5014, June 7, 1960, as amended by Order 276, 28 F.R. 14267, Dec. 25, 1963, Order 290, 29 F.R. 18214, Dec. 23, 1964; 30 F.R. 484, Jan. 14, 1965; Order 322, 31 F.R. 7898, June 3, 1966; Order 343, 32 FR. 6678, May 2, 1967; 32 FR. 8657, June 16, 1967; Order 354, 32 F.R. 15671, Nov. 14, 1967; Order 366, 33 F.R. 10135, July 16, 1968; Order 389, 34 F.R. 17436, Oct. 29, 1969; Order 393,