cilities for the sale at wholesale of electric energy in interstate commerce.

(2) Any bank, trust company, banking association, or firm that is authorized by law to underwrite or participate in the marketing of public utility securities; this includes any corporation when so authorized whether or not same may also be a public utility and/or a holding company. (See 12 U. S. C. 378)

(3) Any company that supplies electrical equipment to a public utility in which applicant seeks authorization to hold a position, whether the supplying company be a manufacturer, or dealer, or one supplying electrical equipment pursuant to a construction, service, agency. or other contract.

(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.

(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.

information

§ 45.5 Supplemental (a) Required by Commission. Applicants hereunder 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 authorization(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 by 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.

§ 45.8 Contents of application. Each application shall state the following:

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

(2) Major business or professional activity.

(3) Any other application or applications under section 305 (b) of the Act made by the applicant, together with date and docket number thereof, and Commission action thereon, if any.

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

(c) Data as to positions with each public utility mentioned in paragraph (b) of this section. (The applicant shall use a separate, sheet for each public utility. If the public utility has already filed with the Commission the information required under (12), (13), and (14), applicant may refer to such reports in lieu thereof.)

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

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

(3) Description of the facilities owned or operated by the public utility for the transmission of electric energy in interstate commerce or the sale of electric energy at wholesale in interstate commerce, and of the interconnection of such facilities with those of any other corporation. (An appropriate map shall be included as an exhibit.)

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

Classification:

((1) Public utility, (2) authorized by law to underwrite, (3) supplying electrical equipment)

(5) Names, titles and residence addresses of directors and officers and number of vacancies, if any, on board of directors.

(6) Description of applicant's duties 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 18 months and number of said meetings attended by applicant.

(7) Any other professional, contractual, or business relationships of applicant, either directly or through the medium of any corportion, with the public utility.

(8) Extent of applicant's direct or indirect ownership, or control of, or beneficial interest in, the public utility or 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.

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

(10) 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.

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

(12) Copy of last annual balance sheet and last annual operating statement of the public utility.

(13) A statement, as of the date of the balance sheet submitted, showing for each class and series of capital stock:

(i) Brief description.

(ii) The amount authorized value and number of shares).

(face

(iii) The amount outstanding (ex-, clusive of any amount held in the treasury).

(iv) Amount owned by affiliated corporations.

(v) Voting rights and whether voting rights are cumulative or noncumulative.

(14) A statement, as of the date of the balance sheet submitted, showing for each class and series of funded debt:

(i) Brief description.

(ii) Name and address of trustee under any mortgage or indenture in relation thereto.

(iii) The amount authorized.

(iv) The amount outstanding (exclusive of any amount held in the treasury).

(v) Amount owned by affiliated corporations.

(vi) Voting right, if any, with description thereof.

(15) 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 defend

ant. If so give date of commencement of suit, court in which commenced, and present status.

(16) Whether the public utility or any affiliate thereof, during the past five years and while applicant held a position therewith, 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 busi

ness.

(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) Names, titles, and residence addresses of directors, officers, or partners. (6) 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.

(7) 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.

(8) (If the answer to subparagraph (6) 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.

(9) (If the answer to subparagraph (6) 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, which it must comply with in order to engage in the business of underwriting or participating in the marketing of the securities of a public utility.

(10) What steps, if any, have been' taken to comply with laws mentioned in subparagraph (9) of this paragraph.

(11) In lieu of subparagraphs (8), (9), and (10) of this paragraph, an opinion by counsel to the same effect and including the information in respect thereto may be filed with the application.

(12) 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 of 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 18 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 pur

suant 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, ten 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,

(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. (1) The name of the public utility holding company system of which each public utility listed in paragraph (b) of this section is a part.

(2) The financial and corporate relationship existing between and among the corporations in the above holding company system, including the percentage of voting power represented by securities owned by the corporation preceding each

corporation in the corporate structure of the system. (An appropriate chart or table shall be included as an exhibit.)

(3) The name of each public utility holding company, listed in subparagraph (1) of this paragraph which has registered with the Securities and Exchange Commission under the Public Utility Holding Company Act of 1935 (49 Stat. 803; 15 U.S.C., Chapter 2C). Give date of registration.

(4) The name of each public utility holding company listed in subparagraph (1) of this paragraph which has filed with the Securities and Exchange Commission a plan for voluntary reorganization or corporate simplification pursuant to section 11 of the Public Utility Holding Company Act of 1935. Give date of filing such plan.

CROSS REFERENCE: For rules and regulations of the Securities and Exchange Commission, see 17 CFR, Ch. II.