Misdemeanor for failure to appear and testify.

Fine and imprisonment upon conviction.

Testimony by deposition.

Deposition may anyone author

be taken by

ized to administer oaths.

Counsel or parties in interest may not take deposition.

sition to opposite party.

be doing business. Any person who willfully shall fail or refuse to attend and testify or to answer any lawful inquiry or to produce books, papers, correspondence, memoranda, contracts, agreements, or other records, if in his or its power so to do, in obedience to the subpoena 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 a term of not more than one year, or both. [49 Stat. 857; 16 U.S.C. 825f (c)]

(d) The testimony of any witness may be taken, at 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 of depo- 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 the deposition, or under his direction, and shall, after it has been reduced to writing, be subscribed by the deponent. [49 Stat. 857-858; 16 U.S.C. 825f(d)]

Witnesses may

be compelled to
make deposi-
tion.
Testimony
shall be reduced
to writing and
subscribed to
by deponent.

Deposition may be taken in foreign coun

try.

(e) 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 designed 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 the Commission. [49 Stat. 858; 16 U.S.C. 825f (e)]

deponents.

(f) Witnesses whose depositions are taken as authorized in this Act, and the person or officer taking Fees allowed the same, shall be entitled to the same fees as are paid for like services in the courts of the United States. [49 Stat. 858; 16 U.S.C. 825f (f)]

(g) No person shall be excused from attending and testifying or from producing books, papers, correspondence, memoranda, contracts, agreements, or other records and documents before the Commission, or in obedience of the subpoena of the Commission or any member thereof or any officer designated by it, or in any cause or proceeding instituted by the Commission, on the ground that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him or subject him to a penalty or forfeiture; but no individual shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he is compelled to testify or produce evidence, documentary or otherwise, after having claimed his privilege against self-incrimination, except that such individual so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying. [49 Stat. 858; 16 U.S.C. 825f (g)]

HEARINGS; RULES OF PROCEDURE

No person ex

cused from tes

tifying, etc., son on ground may tend to in

before Commis

that testimony

criminate him.

No person shall be prosecuted if

he is compelled produce

to testify or

evidence.

Not exempt cution for

from prose

perjury.

SEC. 308. (a) Hearings under this Act may be held Hearings. before the Commission, any member or members

designated rep

resentative hearings. Records of

Commission may conduct

hearings shall

Parties to

thereof or any representative of the Commission Any member or 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 be kept. State, State commission, municipality, or any repre- hearings. sentative 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. [49 Stat. 858; 16 U.S.C. 825g (a)]

(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

Rules of prac dure for hear

tice and proce

ings.

of evidence not

applicable to hearings.

Technical rules 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. [49 Stat. 858; 16 U.S.C. 825g (b)]

Informality in hearings not

fatal.

Powers of
Commission.

Commission may define terms. Commission may prescribe forms for applications, reports, etc.

Effective date of rules and regulations.

Effective date of orders.

Persons and matters within jurisdiction of Commission may be classified.

Rules and regulations shall be open in convenient form for public inspection.

Appointment

of officers, attorneys and experts.

ADMINISTRATIVE POWERS OF COMMISSION;

RULES, REGULATIONS, AND ORDERS

SEC. 309. 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 business hours. [49 Stat. 858-859; 16 U.S.C. 825h]

APPOINTMENT OF OFFICERS AND EMPLOYEES

SEC. 310. [As amended Oct. 28, 1949.] The Commission is authorized to appoint and fix the compensation of such officers, attorneys, examiners, and experts as may be necessary for carrying out its func

4

See Reorganization Plan No. 9 on p. 155.

These positions are now in the classified civil service and subject to the applicable compensation schedules. The authority for covering excepted positions into the classified civil service was given to the President by the Act of November 26, 1940 (54 Stat. 1211, 5 U.S.C. 631a (1964 ed.), codified in part to 5 U.S.C. 2102 (1964 ed., Supp. V, 1965-1969)) and exercised by Executive Order 8743, April 25, 1941, as amended (5 U.S.C. 631a note (1964 ed.)).

tions 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 1949. [49 Stat. 859; 63 Stat. 972; 16 U.S.C. 8251]

INVESTIGATIONS RELATING TO ELECTRIC ENERGY

regarding generation, trans

mission, etc.

and directed.

rent informacapacity and

tion regarding

SEC. 311. In order to secure information necessary or appropriate as a basis for recommending legislation, Investigations the Commission is authorized and directed to conduct investigations regarding the generation, transmission, of energy distribution, and sale of electric energy, however produced, throughout the United States and its possessions, whether or not otherwise subject to the jurisdiction of the Commission, including the generation, transmission, distribution, and sale of elecric energy by any agency, authority, or instrumentality of the United States, or of any State or municipality or other political subdivision of a State. It shall, so far as practicable, secure and keep Commission current information regarding the ownership, operation, management, and control of all facilities for such generation, transmission, distribution, and sale; the capacity and output thereof and the relationship between the two; the cost of generation, transmission, and distribution; the rates, charges, and contracts in respect of the sale of electric energy and its service to residential, rural, commercial, and industrial consumers and other purchasers by private and public agencies; and the relation of any or all such facts to the development of navigation, industry, commerce, and the national defense. The Commission shall report to Congress the results of investigations made under authority of this section. [49 Stat. 859; 16 Reports of inU.S.C. 825j]

PUBLICATION AND SALE OF REPORTS

output; the

bution, trans

cost of distrimission, and energy; rates, service to con

generation of

charges, and

sumers; and the relation of such facts, etc.

vestigations to Congress.

SEC. 312. The Commission may provide for the publication of its reports and decisions in such form and manner as may be best adapted for public information and use, and is authorized to sell at reasonable Publication prices copies of all maps, atlases, and reports as it may

and sale of reports.

Commission authorized to

statistical

services.

ited to credit of "miscellaneous

receipts."

Commission may contract for printing, making use of engraving, lithography, etc., under limitations prescribed by the Joint Committee on Printing.

from time to time publish. Such reasonable prices may include the cost of compilation, composition, and reproduction. The commission is also authorized to make perform special such charges as it deems reasonable for special statistical services and other special or periodic services. The amounts collected under this section shall be deposited Receipts depos in the Treasury to the credit of miscellaneous receipts. All printing for the Federal Power Commission making use of engraving, lithography, and photolithography, together with the plates for the same, shall be contracted for and performed under the direction of the Commission, under such limitations and conditions as the Joint Committee on Printing may from time to time prescribe, and all other printing for the Commission shall be done by the Public Printer under such limitations and conditions as the Joint Committee on Printing may from time to time prescribe. The entire work may be done at, or ordered through, the Government Printing Office whenever, in the judgment of the Joint Comtracts for emer- mittee on Printing, the same would be to the interest of the Government: Provided, That when the exigencies of the public service so require, the Joint Committee on Printing may authorize the Commission to make immediate contracts for engraving, lithographing, and photolithographing, without advertisement for proposals: Provided further, That nothing contained in this or any other Act shall prevent the Federal Power Commission from placing orders with other departments or establishing for engraving, lithographing, and photolithographing, in accordance with the provisions of section 601 and 602 of the Act of June 30, 1932 (47 Stat. 417), providing for interdepartmental work. [49 Stat. 859-860; 16 U.S.C. 825k]

Public Printer shall do all other printing.

Proviso. Con

gency printing

need not be

advertised.

Proviso.Commission may contract with other

Federal agencies.

Rehearings.

Applications for rehearing shall set forth grounds upon which based.

REHEARINGS; COURT REVIEW OF ORDERS

SEC. 313. (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