quired by statute to be determined on the record after opportunity for hearing. [Order 141, 12 F.R. 8481, Dec. 19, 1947, as Amended by Order 175, 19 F.R. 5213, Aug. 18, 1954]

1.31

Exceptions to intermediate decisions, briefs; briefs and oral arguments before the Commission.

(a) Briefs on exceptions, briefs opposing exceptons, filing of. Any party or staff counsel desiring to appeal to the Commission shall, within 30 days after the service of a copy of an intermediate decision (initial or recommended by subordinates, or tentative by Commission), or such other time as may be fixed by the Secretary, file exccptions to the decision or part thereof in a brief (designated "Brief on Exceptions"). "Briefs Opposing Exceptions" may be filed in response to briefs on exceptions within 20 days after the time limited for the filing of briefs on exceptions or such other time as may be fixed by the Secretary. No further response will be entertained unless the Commission, upon motion or its own initiative, so orders.

(b) Nature and service of briefs on exceptions and of briefs opposing exceptions. (1) Briefs on exceptions shall contain (1) a short statement of the case, (ii) a summary of the basic position of the party filing, (iii) the grounds upon which the exceptions rest and (iv) the argument in support with appropriate references to the record and legal authorities. There may also be included specific findings and conclusions proposed in lieu of those to which exception is taken and any proposed additional findings and conclusions. Exceptions to the form of order or rule shall specify the portions thereof to which exception is taken, and may set forth a form of order or rule suggested in lieu of that served. Briefs opposing exceptions shall generally follow the same style prescribed for briefs on exceptions, but may omit a statement of the case if it was correctly stated in a brief on exceptions.

(2) Briefs on exceptions and briefs opposing exceptions shall be self contained and limited to fifty pages in length, provided that for good cause the limitation on length may be altered or waived for either class of briefs upon application to and order of the Chief Administrative Law Judge of the Commission, or an examiner acting in his absence, within the time limited for filing of the respective briefs.

(3) Subject to the foregoing requirements, briefs shall conform to the applicable provisions of §§ 1.15, 1.16, and 1.17, as to copies, form, and service, but need not be verified under oath. Fifteen copies of each document shall be filed with the Commission in addition to the copies served on the parties to the proceedings.

(c) Failure to except or to object to rulings on evidence results in a waiver. Failure to file a brief on exceptions within the time allowed under this section shall constitute a waiver of all objections to the intermediate decisions served. Objections to any part of an intermediate decision which is not the subject of exceptions may not thereafter be raised before the Commission in oral argument, or in an application for Commission rehearing, and shall be deemed to have been waived. The Commission may refuse to consider exceptions to a ruling admitting or excluding evidence unless there was an objection at the time the ruling was made or within any deferred time provided by the presiding officer.

(d) Oral argument on exceptions. Any party or staff counsel filing a brief on exceptions or brief opposing exceptions may by motion request an opportunity to present oral argument to the Commission on the intermediate decision. Such motion must be filled within the time limited for the filing of briefs opposing exceptions. If oral argument is ordered, it shall be limited, unless otherwise specified, to matters properly raised by the briefs.

(e) Briefs and oral argument on waiver of intermediate decision. Parties requesting a decision by the Commission without an intermediate decision in a proceeding in which the Commission has not presided at the reception of the evidence shall include their requests for opportunity to file briefs or to make oral argument in the motion for waiver of the intermediate decision, as provided in § 1.30 (c). Such briefs and argument as may be ordered shall conform to the requirements of § 1.29 insofar as applicable. [Order 277, 29 F.R. 3698, Mar. 25, 1964] § 1.32 Shortened procedures.

(a) Where hearing waived. In any proceeding in which the Commission is authorized to act after opportunity for hearing, if the parties waive hearing, such opportunity shall be deemed to have been afforded by service or publication in the FEDERAL REGISTER of notice of the application or other initial pleading, re

record that due and timely execution of its functions imperatively and unavoidably so requires.

(3) Requests for waiver and omission of the intermediate decision procedure shall be by motion filed with the Commission at any time during, but not later than five days next following, the conclusion or adjournment sine die of the hearing; shall be in writing under oath, subscribed and verified; and shall in all other respects conform to the requirements of §§ 1.12 and 1.15 to 1.17, inclusive: Provided, however, That during sessions of hearings in proceedings, motions for such waiver and omission may be made orally on the record before the presiding officer, who shall forthwith report the same to the Commission.

(d) Final decisions. All decisions of the Commission shall be final (subject only to application for rehearing provided for by the statute under which the proceeding is initiated and conducted), except tentative decisions that may be issued in rule-making or determining applications for initial licenses as herein provided. Final decisions shall include:

(1) Decisions by the Commission in proceedings in which the Commission has presided at the reception of evidence;

(2) Decisions upon appeal of intermediate decisions to the Commission by the parties or staff counsel, by filing exceptions in the manner and time provided by § 1.31, or upon review initiated by the Commission within 10 days next following the expiration of the time for filing exceptions under the aforesaid section, or such other time as the Commission may fix in specific cases;

(3) Intermediate initial or tentative decisions, upon the expiration of the time provided for an appeal to or review by the Commission without such appeal or review having been initiated;

(4) Decisions by the Commission in rule-making, or initial licensing proceedings, in which the Commission omits the intermediate decision procedure upon a finding that due and timely execution of its functions imperatively and unavoidably so requires;

(5) Decisions by the Commission in proceedings in which the intermediate decision procedure has been omitted in accordance with paragraph (c) (1) and (3) of this section.

(6) Decisions by the Commission in shortened proceedings as provided in § 1.32.

(e) Rehearing only of final decisions. No application for rehearing, provided for by the statute under which a proceedings is initiated and conducted, will be entertained by the Commission until a decision is issued and becomes final under the provisions of this section.

(f) No participation by investigative or prosecuting officers. In any proceeding in which the Commission may so direct or in any proceeding for an adjudication required by statute to be determined on the record after opportunity for hearing, other than applications for initial licenses or proceedings involving the validity or application of rates, facilities, or practices of public utilities or natural-gas companies, no officer, employee or agent assigned to work upon the investigation or trial of a case for the Commission or to assist in the trial thereof, shall, in that or any factually related proceeding, participate or advise as to the findings, conclusions or decision, except as a witness or counsel in public proceedings.

(g) Contents. All decisions shall include a statement of (1) findings and conclusions, as well as the reasons or basis therefor, upon all the material issues of fact, law, or discretion presented or the record, and (2) the appropriate rule, order, sanction, relief, or denial thereof. There shall be stated all facts officially noticed pursuant to § 1.26, relied upon in the decision.

(h) Part of record. All decisions (including initial, recommended, or tentative decisions) shall become a part of the record.

(i) Service. All decisions shall be filed with the Secretary who shall serve copies thereof upon all parties or their attorneys of record, including staff counsel, whose appearances have been entered pursuant to § 1.20 (e). Such service shall be by mail or by delivery to the parties or their attorneys, as may be appropriate, in accordance with § 1.17.

(j) Unavailability of presiding officer. If a presiding officer becomes unavailable to the Commission, the Commission will either designate another qualified officer to report and recommend the decision or will cause the record to be certified to it for decision, as may be deemed appropriate, giving notice to the parties or their attorneys of record.

(k) Application of section. This section shall apply in all proceedings re

quired by statute to be determined on the record after opportunity for hearing. [Order 141, 12 F.R. 8481, Dec. 19, 1947, as amended by Order 175, 19 F.R. 5213, Aug. 18, 1954]

§ 1.31 Exceptions to intermediate decisions, briefs; briefs and oral arguments before the Commission.

(a) Briefs on exceptions, briefs opposing exceptons, filing of. Any party or staff counsel desiring to appeal to the Commission shall, within 30 days after the service of a copy of an intermediate decision (initial or recommended by subordinates, or tentative by Commission), or such other time as may be fixed by the Secretary, file exccptions to the decision or part thereof in a brief (designated "Brief on Exceptions"). "Briefs Opposing Exceptions" may be filed in response to briefs on exceptions within 20 days after the time limited for the filing of briefs on exceptions or such other time as may be fixed by the Secretary. No further response will be entertained unless the Commission, upon motion or its own initiative, so orders.

(b) Nature and service of briefs on exceptions and of briefs opposing exceptions. (1) Briefs on exceptions shall contain (1) a short statement of the case, (ii) a summary of the basic position of the party filing, (iii) the grounds upon which the exceptions rest and (iv) the argument in support with appropriate references to the record and legal authorities. There may also be included specific findings and conclusions proposed in lieu of those to which exception is taken and any proposed additional findings and conclusions. Exceptions to the form of order or rule shall specify the portions thereof to which exception is taken, and may set forth a form of order or rule suggested in lieu of that served. Briefs opposing exceptions shall generally follow the same style prescribed for briefs on exceptions, but may omit a statement of the case if it was correctly stated in a brief on exceptions.

(2) Briefs on exceptions and briefs opposing exceptions shall be self contained and limited to fifty pages in length, provided that for good cause the limitation on length may be altered or waived for either class of briefs upon application to and order of the Chief Administrative Law Judge of the Commission, or an examiner acting in his absence, within the time limited for filing of the respective briefs.

(3) Subject to the foregoing requirements, briefs shall conform to the applicable provisions of §§ 1.15, 1.16, and 1.17, as to copies, form, and service, but need not be verified under oath. Fifteen copies of each document shall be filed with the Commission in addition to the copies served on the parties to the proceedings.

(c) Failure to except or to object to rulings on evidence results in a waiver. Failure to file a brief on exceptions within the time allowed under this section shall constitute a waiver of all objections to the intermediate decisions served. Objections to any part of an intermediate decision which is not the subject of exceptions may not thereafter be raised before the Commission in oral argument, or in an application for Commission rehearing, and shall be deemed to have been waived. The Commission may refuse to consider exceptions to a ruling admitting or excluding evidence unless there was an objection at the time the ruling was made or within any deferred time provided by the presiding officer.

(d) Oral argument on exceptions. Any party or staff counsel filing a brief on exceptions or brief opposing exceptions may by motion request an opportunity to present oral argument to the Commission on the intermediate decision. Such motion must be filed within the time limited for the filing of briefs opposing exceptions. If oral argument is ordered, it shall be limited, unless otherwise specified, to matters properly raised by the briefs.

(e) Briefs and oral argument on waiver of intermediate decision. Parties requesting a decision by the Commission without an intermediate decision in a proceeding in which the Commission has not presided at the reception of the evidence shall include their requests for opportunity to file briefs or to make oral argument in the motion for waiver of the intermediate decision, as provided in § 1.30 (c). Such briefs and argument as may be ordered shall conform to the requirements of § 1.29 insofar as applicable. [Order 277, 29 F.R. 3698, Mar. 25, 1964] § 1.32

Shortened procedures.

(a) Where hearing waived. In any proceeding in which the Commission is authorized to act after opportunity for hearing, if the parties waive hearing, such opportunity shall be deemed to have been afforded by service or publication in the FEDERAL REGISTER of notice of the application or other initial pleading, re

quest, or other filing, such notice fixing a reasonable period of time within which any person desiring to be heard may file a protest or petition. Upon the expiration of such period of time, in the absence of a request for hearing, the Commission may forthwith dispose of the matter upon the basis of the pleadings and other submittals and the studies and recommendations of the staff. A party not requesting oral hearing in its pleadings shall be deemed to have waived a hearing for the purpose of such disposition, but shall not be bound by such waiver for the purposes of any application for rehearing with respect to an order so entered.

(b) Noncontested proceedings. In any proceeding required by statute to be set for hearing, the Commission when it appears to be in the public interest and to the interest of the parties to grant the relief or authority requested in the initial pleading, and to omit the intermediate decision procedure, may after a hearing during which no opposition or contest develops, forthwith dispose of the proceedings upon consideration of the pleadings and other evidence filed and incorporated in the record; Provided, (1) the applicant or initial pleader requests that the intermediate decision procedure be omitted and waives oral hearing and opportunity for filing exceptions to the decision of the Commission; and (2) no issue of substance is raised by any request to be heard, protest or petition filed subsequent to publication in the FEDERAL REGISTER of the notice of the filing of an initial pleading and notice or order fixing date of hearing, which notice or order shall state that the Commission considers the proceeding a proper one for disposition under the provisions of this section, and shall otherwise conform with the requirements of § 1.19. quests for the procedure provided by this section may be contained in the initial pleading or subsequent request in writing to the Commission. The decision of the Commission in such proceeding after noncontested hearing, will be final subject to reconsideration by the Com mission upon application for rehearing as provided by statute.

[Order 141, 12 F.R. 8482, Dec. 19, 1947]

§ 1.33 Reopening proceedings.

Re

(a) By parties-(1) Petition to reopen. At any time after the conclusion of a hearing in a proceeding or adjournment thereof sine die, but before issu

ance by the presiding officer of an initial decision, any party to the proceeding o staff counsel may file with the presiding officer a petition to reopen the proceeding for the purpose of taking additional evidence. Copies of such petition shall be served upon all participants, or their attorneys of record, and shall set forth clearly the facts claimed to constitute grounds requiring reopening of the proceeding, including material changes of fact or of law alleged to have occurred since the conclusion of the hearing, and shall in all other respects conform to the applicable requirements of §§ 1.7 and 1.15 to 1.17, inclusive.

(2) Responses. Within 10 days following the service of such petition, any other party to the proceeding or staff counsel may file with the presiding officer his answer thereto, and in default thereof shall be deemed to have waived any objection to the granting of such petition.

(3) Action by presiding officer. As soon as practicable after the filing of responses to such petitions or default thereof, as the case may be, the presiding officer wil grant or deny such petition.

(b) By presiding officer on his own initiative. At any time prior to the filing of his initial decision, after notice to the parties and opportunity to be heard, a presiding officer may reopen the proceeding for the reception of further evidence on his own motion, if he has reason to believe that conditions of fact or of law have so changed as to require, or that the public interest requires, the reopening of such proceeding.

(c) By Commission action. The above provisions of this section shall apply equally to petitions for and the issuance by the Commission of an order reopening the proceeding, where an initial decision has been issued by the presiding officer but no Commission decision has yet been issued, or where the initial decision by a presiding officer has been omitted and no Commission decision has yet been issued.

[Order 217, 24 F.R. 9473, Nov. 25, 1959] § 1.34 Application for rehearing.

(a) Form, filing, and service. An application for rehearing of a proceeding may be filed within 30 days after the issuance of any final decision or order by the Commission. Such application shall be made by petition, under oath, stating specifically the grounds relied

upon, shall be filed with the Commission

nd served by the petitioner upon all parties to the proceeding or their attorneys of record, and shall in all other respects conform to the requirements of §§ 1.7 and 1.15 to 1.17, inclusive.

(b) Specification of errors. Such petitions for rehearing shall state concisely the alleged errors in the Commission decision or order. If an order of the Commission is sought to be vacated, reversed, or modified by reason of matters that have arisen since the hearing and decision or order, or by reason of a consequence that would result from compliance therewith, the matters relied upon by the petitioner shall be set forth in the petition.

(c) Action on. Unless the Commission acts upon the application for rehearing within thirty days after it is filed, such application shall be deemed to have been denied.

(d) Response. No answers to petitions for rehearing will be entertained by the Commission. If, and to the extent, however that rehearing is granted by the Commission, a response in the nature of an answer may be filed by any party or staff counsel within 15 days after the issuance of the order granting rehearing. Such response shall be confined to the issues upon which rehearing has been granted, and shall be served by the proponent upon all parties to the proceeding or their attorneys of record. All such responses shall in all other respects conform to the requirements of §§ 1.15 to 1.17, inclusive.

(Secs. 313 and 19, 49 Stat. 860, 52 Stat. 831; 16 U.S.C. 8251, 15 U.S.C. 717r) [Order 141, 12 F.R. 8483, Dec. 19, 1947, as amended by Order 175, 19 F.R. 5213, Aug. 18, 1954; Order 251, 27 F.R. 5767, June 19, 1962; 27 F.R. 6384, July 6, 1962]

§ 1.35

Reports of compliance.

When any licensee, permittee, or any other person subject to the jurisdiction of the Commission is required to do or perform any act by Commission order, permit, or license provision, there shall be filed with the Commission within 30 days following the date when such requirement became effective, a notice, under oath, stating that such requirement has been met or complied with; Provided, however, That the Commission, by rule or order, or by making specific provision therefor in a license or permit, may provide otherwise for the giving of such notice of compliance. Such reports

shall conform in all other respects to the requirements of §§ 1.15 and 1.16, except that five conformed copies of such no tice shall be filed in lieu of the fourteen conformed copies required by § 1.15 (b). [Order 141, 12 F.R. 8483, Dec. 19, 1947, as amended by Order 175, 19 F.R. 5213, Aug. 18, 1954]

§ 1.36

Public information and requests.

Section 3.102 of this chapter describes the methods by which the Commission makes information available to the public. This section prescribes the rules governing public notice of proceedings, publication of decisions, and public records of the Commission.

(a) Notice of proceedings. Notice of applications, formal complaints, and petitions other than petitions to intervene, is provided for in §§ 1.17 and 1.37. Notice of applications for certificates of public convenience and necessity under section 7 of the Natural Gas Act is provided for by § 157.9 of this chapter. Notice of hearings and of initiation or pendency of rulemaking proceedings is provided for in § 1.19. Notice of applications under Part I of the act for preliminary permits and licenses is provided for by §§ 4.31 and 4.81 of this chapter. Notice of proposed alterations or surrenders of license under section 6 of the Federal Power Act may be given by filing and publication in the FEDERAL REGISTER as provided in § 1.19 (a), and, where deemed desirable by the Commission, by local newspaper advertisement. Notice of rates charged and changes therein is provided for by the filing requirements of Parts 35 and 154 of this chapter. Any other notice required by statute, rule, regulation, or order, or deemed desirable, may be given by filing and publication in the FEDERAL REGISTER as provided in § 1.19(a) or by service as provided in § 1.17(a).

(b) Notice and publication of decisions, rules, statements of policy, organization, and operations. Service of intermediate and final decisions upon parties to the proceedings is provided in § 1.30 (a), (b), and (i). Descriptions of the Commission's organization, its methods of operation, statements of policy and interpretations, procedural and substantive rules, and amendments thereto will be filed with and published in the FEDERAL REGISTER. Commission opinions together with accompanying orders, Commission orders, and intermediate decisions will be released to the press and made available to the public promptly.