Fine and im ence to the subpena of the Commission, shall be guilty of a misdemeanor and upon conviction shall be subject to a fine of not more than $1,000 or to imprisonment for prisonment a term of not more than one year, or both. upon conviction. deposition. Deposition may anyone authorister oaths. be taken before ized to admin Counsel or terest may not tion. parties in in take deposi (e) The testimony of any witness may be taken at Testimony by the instance of a party, in any proceeding or investigation pending before the Commission, by deposition at any time after the proceeding is at issue. The Commission may also order testimony to be taken by deposition in any proceeding or investigation pending before it at any stage of such proceeding or investigation. Such depositions may be taken before any person authorized to administer oaths not being of counsel or attorney to either of the parties, nor interested in the proceeding or investigation. Reasonable notice must first be given in writing by the party or his attorney proposing to take such deposition to the opposite party or his attorney of record, as either may be nearest, which notice shall state the name of the witness and the time and place of the taking of his deposition. Any person may be compelled to appear and depose, and to produce documentary evidence, in the same manner as witnesses may be compelled to appear and testify and produce documentary evidence before the Commission, as hereinbefore provided. Such testimony shall be reduced to writing by the person taking deposition, or under his direction, and shall, after it has been reduced to writing, be subscribed by the deponent. Notice of taking to opposite of deposition party. Witnesses may make deposi be compelled to tion, etc. Testimony duced to writ scribed to by shall be re ing and subdeponent. Deposition in foreign may be taken country. (f) If a witness whose testimony may be desired to be taken by deposition be in a foreign country, the deposition may be taken before an officer or person designated by the Commission, or agreed upon by the parties by stipulation in writing to be filed with the Commission. All depositions must be promptly filed with be filed with the Commission. Depositions to Commission. Fees allowed (g) Witnesses whose depositions are taken as authorized in this act, and the person or officer taking the deponents and same, shall be entitled to the same fees as are paid for like services in the courts of the United States. persons taking 88 me. No person excused from testifying, etc., before Com mission on ground that testimony may tend to in criminate him. No person claiming privllege shall be prosecuted on his testimony, etc. Not exempt from prosecution for perJury in so testifying. Any member of Commission or designated representative may conduct hearings. Records of hearings shall be kept. Commission to make rules for bearings. Parties to proceeding. Rules of practice and procedure; technical rules of evidence need not be applied. Informality of hearing, etc., not to Invalldate any order, rule, etc. HEARINGS; RULES OF PROCEDURE SEO. 15. (a) Hearings under this act may be held before the Commission, any member or members thereof, or any representative of the Commission designated by it, and appropriate records thereof shall be kept. In any proceeding before it, the Commission in accordance with such rules and regulations as it may prescribe, may admit as a party any interested State, State commission, municipality or any representative of interested consumers or security holders, or any competitor of a party to such proceeding, or any other person whose participation in the proceeding may be in the public interest. (b) All hearings, investigations, and proceedings under this act shall be governed by rules of practice and procedure to be adopted by the Commission, and in the conduct thereof the technical rules of evidence need not be applied. No informality in any hearing, investigation, or proceeding or in the manner of taking testimony shall invalidate any order, decision, rule, or regulation issued under the authority of this act. [15 U. S. C. 8717n] ADMINISTRATION POWERS OF COMMISSION; RULES, REGULA- General powers of Commission to mend, rescind orders; preand regula accounting scribe forms. scribe rules tions; define terms; pre Effective date regulations, of rules and SEC. 16. The Commission shall have power to perform any and all acts, and to prescribe, issue, make, amend, and rescind such orders, rules, and regulations as it may find necessary or appropriate to carry out the provisions of this act. Among other things, such rules and regulations may define accounting, technical, and trade terms used in this act; and may prescribe the form or forms of all statements, declarations, applications, and reports to be filed with the Commission, the information which they shall contain, and the time within which they shall be filed. Unless a different date is specified therein, rules and regulations of the Commission shall be effective thirty days after publication in the manner which the Commission shall prescribe. Orders of the Commission shall be effective on the date and in the manner which the Commission shall prescribe. For the purposes of its rules and regulations, the Commission may classify persons and matters within its jurisdiction and prescribe different requirements for different classes of persons or matters. All rules and regulations of the Commission shall be filed with its secretary and shall be kept open in convenient form for public inspection and examination during reasonable shall be led business hours. [15 U. S. C. § 7170] etc. Persons and Jurisdiction of matters within Commission be classi Rules and regulations with Secretary and open in convenient form for public inspection. USE OF JOINT BOARDS; COOPERATION WITH STATE COMMISSIONS SEC. 17. (a) The Commission may refer any matter arising in the administration of this act to a board to be composed of a member or members, as determined by the Commission, from the State or each of the States affected or to be affected by such matter. Any such board shall be vested with the same power and be subject to the same duties and liabilities as in the case of a member of the Commission when designated by the Commission to hold any hearings. The action of such board shall have such force and effect and its proceedings shall be Appointment of joint boards. Allowances for expenses of board mem bers. Matters referred to board may be revoked. Conferences with State commissions regarding rates, ac counts, etc., authorized. Cooperation with State commission. Information and reports of Commission available to State commissions. Availability of nesses to State commissions. conducted in such manner as the Commission shall by regulations prescribe. The Board shall be appointed by the Commission from persons nominated by the State commission of each State affected, or by the Governor of such State if there is no State commission. Each State affected shall be entitled to the same number of representatives on the board unless the nominating power of such State waives such right. The Commission shall have discretion to reject the nominee from any State, but shall thereupon invite a new nomination from that State. The members of a board shall receive such allowances for expenses as the Commission shall provide. The Commission may, when in its discretion sufficient reason exists therefor, revoke any reference to such a board. (b) The Commission may confer with any State commission regarding rate structures, costs, accounts, charges, practices, classifications, and regulations of natural-gas companies; and the Commission is authorized, under such rules and regulations as it shall prescribe, to hold joint hearings with any State commission in connection with any matter with respect to which the Commission is authorized to act. The Commission is authorized in the administration of this act to avail itself of such cooperation, services, records, and facilities as may be afforded by any State commission. (c) The Commission shall make available to the several State commissions such information and reports as may be of assistance in State regulation of natural-gas companies. Whenever the Commission can do so without prejudice to the efficient and proper conduct of its experts as wit affairs, it may, upon request from a State commission, make available to such State commission as witnesses any of its trained rate, valuation, or other experts, subject to reimbursement of the compensation and traveling expenses of such witnesses. All sums collected hereunder shall be credited to the appropriation from which the amounts were expended in carrying out the provisions of this subsection. [15 U. S. C. § 717p] Disposition of compensation received from State commissions for experts, etc. APPOINTMENT OF OFFICERS AND EMPLOYEES of omcers, attorneys, examiners, and Provisions of SEC. 18. The Commission is authorized to appoint and Appointment fix the compensation of such officers, attorneys, examiners, and experts as may be necessary for carrying out experts. its functions under this act, without regard to the provisions of other laws applicable to the employment and compensation of officers and employees of the United States; and the Commission may, subject to civil-service laws, appoint such other officers and employees as are necessary for carrying out such functions and fix their salaries in accordance with the Classification Act of 1923, as amended. [15 U. S. C. § 717q] REHEARING ; COURT REVIEW OF ORDERS SEC. 19 (a) Any person, State, municipality, or State commission aggrieved by an order issued by the Commission in a proceeding under this act to which such person, State, municipality, or State commission is a party may apply for a rehearing within thirty days after the issuance of such order. The application for rehearing shall set forth specifically the ground or grounds upon which such application is based. Upon such application the Commission shall have power to grant or deny rehearing or to abrogate or modify its order without further hearing. Unless the Commission acts upon the application for rehearing within thirty days after it is filed, such application may be deemed to have been denied. No proceeding to review any order of the Commission shall be brought by any person unless such person shall have made application to the Commission for a rehearing thereon. Until the record in a proceeding shall have been filed in a court of appeals, as provided in subsection (b), the Commission may at any time, upon reasonable notice and in such manner as it shall deem proper, modify or set aside, in whole or in part, any finding or order made or issued by it under the provisions of this Act. (b) Any party to a proceeding under this act aggrieved by an order issued by the Commission in such proceeding may obtain a review of such order in the circuit court of appeals of the United States for any circuit wherein the natural-gas company to which the other laws employment relevant to and compensation not applicable. Appoint other officers and employees under Classification Act, 1923. Rehearing on mission. order of Com Application within 30 days must be made of order. Application for rehearing grounds upon shall set forth which based. may grant or deny applica Commission tion. Application automatically Commission denied unless acts within 30 days. Application must precede order. for rehearing cout review of Review of Commission cuit Court of lumbia Court of Appeals. |