a complaint must contain the essential elements of a formal complaint, including name and address of complainant, the names of the party or parties against whom the complaint is made, a statement of the specific provisions of the act or of the permit or license which have been, are, or will be violated, or the specific requirements of the act or of the permit or license the failure to comply with which is complained of, and a brief statement of the facts claimed to constitute such violation or lack of compliance and of the relief sought. While the filing of informal complaint is without prejudice to complainant's right to file formal complaint, only formal complaints submitted and prosecuted in the manner hereinafter prescribed will entitle any person, corporation, or public agency to initiate formal proceedings, or to become a party to any proceedings already initiated; and only formal complaints will be admitted into the record of formal proceedings.

2. Formal complaints shall give the name and address of the complainant and of the party or parties complained of, shall conform to the requirements of section VIII hereof, shall specify concisely the character and extent of interest claimed by the complainant and shall state specifically that the complainant desires to initiate formal proceedings or to be made a party to formal proceedings already initiated. Each complaint must be accompanied by copies thereof in sufficient number to enable the commission to serve one upon each defendant and to retain three for its own use.

3. Two or more grounds of complaint involving the same purpose, subject, or state of facts may be included in one complaint, but should be separately stated and numbered; and two or more complainants may join in one complaint if their respective causes of complaint are against the same defendant or defendants and involve substantially the same purpose, or subject, and a like state of facts.

4. Formal complaints alleging violation by any permittee or licensee of any provision of the act or of any permit or license, or of lack of compliance with any provision of the act or of any permit or license shall specify the provision of the act or of the permit or license the violation of which or the lack of compliance with which is alleged, and shall set forth briefly and clearly the facts alleged to constitute such violation or such lack and the relief sought. In case of alleged violation of, or lack of compliance with, two or more provisions or requirements of the act or of a permit or license the facts claimed to constitute violation of, or lack of compliance with, one provision or requirement shall be stated separately from those of any other provision or requirement. Where the same facts apply in two or more instances such statement may be by reference or otherwise in order to avoid undue repetition.

5. Complaints filed under the provisions of sections 19 and/or 20 of the act (including "requests" by any State concerned) respecting services rendered, or the rates or charges of payment therefor, or the amount or character of securities to be issued, shall, as the case may be, specifically set out the regulation or practice or lack of service complained of; give specific reference to the tariffs or schedules containing the rates or charges complained of and the grounds upon which the complaint is made; and/or give specific reference to the securities the issuance of which is complained of and the grounds of such complaint.1 Only formal complaints which in the judgment of the commission give evidence of an actual grievance or a substantial interest of the complaint,18 or formal requests filed by responsible executive officers of a State or embodied in resolutions of a State legislative body, will be considered as requiring the exercise by the commission of its jurisdiction under said sections of the act. Complaints or requests not conforming to such requirements will be dismissed without further action, unless in any case the commission shall determine to exercise jurisdiction upon its own initiative.

6. Complaints under section 19 of the act respecting rates, services, or securities shall contain a brief and concise statement of the grounds upon which the complainant asserts that the State has not authorized and empowered a commission or other agency or agencies within said State to regulate and control the matters complained of. Similar complaints under section 20 of the act shall contain a like statement of the grounds upon which the complainant asserts that the States directly concerned have not provided commissions or other authorities with power to regulate or control the matters complained of; or have not agreed, or have no jurisdiction to agree, through their properly constituted authorities, upon measures to effectuate such regulation or control.

7. Supplemental complaints may be tendered for filing by parties complainant against the parties defendant in the original complaint, setting forth any causes of action under the act or under any permit or license alleged to have occurred in favor of the complainants and against the defendants since the filing of the original complaint. Such supplemental complaints, upon leave granted, will be filed and served by the commission as provided for original complaints, and heard, considered, and disposed of in the same proceedings, if practicable.

8. Complaints, formal or informal, which fail to show a substantial interest in the matter complained of, or an actual grievance within the meaning of the act,18 or which are concerned with mat

17 See also sec. XIV, par. 3, hereof.

18 See decisions of the commission, p. 41 hereof.

ters not within the commission's jurisdiction will be dismissed by that officer of the commission before whom the complaint would be heard if formal proceedings were instituted. Such dismissal shall be final unless the complainant petitions for reconsideration, or for review by the commission, in which event, and if such petition is granted, the procedure thereafter shall be as prescribed in section X hereof.

9. Unless sufficient information with respect thereto has already been made public through preliminary proceedings, every formal complaint which has been accepted by the commission, or which is of a nature to invoke the compulsory jurisdiction of the commission, will be made public for a period of not less than 15 days. If the complaint has reference to the issuance of securities the procedure with respect thereto shall be as provided in section XIV hereof. If the complaint concerns matters other than securities and its proper consideration requires an examination in whole or in part of the accounts of the defendant, the case will be placed upon the "audits docket." After such audit, if any, has been completed and if hearing is deemed necessary or desirable or request therefor is made and approved, the complaint will be placed on the "hearings docket " and will be taken up for a hearing in the order in which appearing on said docket, unless, for good cause shown, the complaint is advanced for hearing or is postponed. At the time of giving notice of hearing, the report of the auditors, if such has been made, will be made public. If complaints involve matters of rates or services under the provisions of sections 19 and/or 20 of the act hearings may be held in cooperation with State public-service commissions or other similar State authorities, if practicable to do so, and if agreeable to such authorities. In such event hearings may be held elsewhere than in the city of Washington.

10. When hearings have been completed the procedure thereafter shall be as prescribed in section X hereof.

11. Final action by the commission will be in the form of an order entered upon its minutes and served upon all parties to the proceedings.

XX. PETITIONS

1. All petitions shall be formal, and shall conform to the requirements of section VIII hereof. All petitions, except in intervention, must be accompanied by affidavits of service upon all parties to the proceedings (see sec. V hereof), and shall be submitted to the commission at its offices in Washington, D. C.

2. Petitions for relief under the act or under any permit or license shall cite by appropriate reference to section, article, paragraph, etc.,

the particular provision or requirement with respect to which relief is sought; shall state clearly and concisely the effect upon the petitioner of such provision or requirement; shall set forth in specific language the amendments or modifications desired; and shall give full explanation of the effect of any such amendment or modification or of abrogation, if such is desired.

3. Petitions for the amendment, modification, or abrogation of an effective rule, regulation, or order of the commission shall give reference by number, date, or otherwise as may be appropriate to the rule, regulation, or order involved; shall state in what manner it affects or may affect the petitioner; shall give the reasons for the proposed amendment, modification, or abrogation; and, if the proposal is not to abrogate but to amend or modify, shall set forth the text of the proposed or modified rule, regulation, or order or part thereof, with a full and complete statement or explanation of the purpose and effect of all proposed changes.

4. Petitions in intervention shall set forth in detail the interests which the petitioner alleges are similar to or adverse to those of applicant or other petitioner in whose proceedings before the commission it is desired to intervene. Such petitions shall state whether the petitioner desires to be joined with such applicant or other petitioner, or to intervene in opposition thereto; and shall set forth in clear and concise form the facts upon which such petition is based. Except for good cause shown petitions in intervention shall be filed not less than 10 days prior to the date set for hearing of the matter in which the petitioner desires to intervene, and must be accompanied by copies thereof in sufficient number to enable the commission to serve one upon each party to the proceedings and to retain three for its own use.

5. Petitions for institution of formal proceedings in applications for restoration to entry of lands in power-site reserves (see sec.. XIII hereof), shall set forth clearly and concisely the interests of the petitioner in such application, and the specific grounds upon which formal proceedings are desired.

6. Petitions by persons, corporations, or public agencies not theretofore parties to the proceedings with respect to which petition is made, which fail to show a substantial interest of the petitioner in the subject matter of the petition; and petitions which relate to matters not within the authority or jurisdiction of the commission, or which fail to show adequate grounds for the granting thereof, will be dismissed by that officer of the commission before whom the petition would be heard if formal proceedings were instituted. Such dismissal shall be final unless the petitioner further petitions for reconsideration by such officer or for review by the commission.

7. Petitions for rehearing, reargument, reconsideration, or review shall, in addition to the general requirements of paragraph 1 of this section, conform to the specific requirements, as the case may be, set forth in section X hereof; and if such petition is granted, the procedure thereafter shall be as prescribed in said section X.

8. Unless sufficient information with respect thereto has already been made public in preliminary proceedings, every petition which has been granted by the commission and which in its judgment might affect the public interest or the substantial interests of persons or corporations not parties to the petition will be made public for a specified period. If in the judgment of the commission proper consideration of the petition requires a hearing thereon, or if request therefor is made and approved, the petition will be placed on the "hearings docket " and will thereafter be taken up for hear ing in the order in which appearing on said docket, unless, for good cause shown, it is advanced for hearing or is postponed.

9. When hearings have been completed the procedure thereafter shall be as provided in section X hereof.

10. Final action by the commission will be in the form of an order entered upon its minutes and served upon all parties to the proceedings.

XXI. ANSWERS

1. Answers made to any protest, complaint, or petition, or in response to any order, notice, instruction, or request of the commission shall conform to the requirements of section VIII hereof; shall, when service is required upon other parties to the proceedings, be accompanied by affidavits of such service; and shall be submitted to the commission within 20 days after the date of service upon, or submission to, the defendant or respondent of such protest, complaint, petition, order, notice, instruction, and/or request, unless such period in specific cases shall be shortened or extended by the commission.

2. Answers to orders, notices, instructions, or requests of the commission shall make full and specific reply to the several items of such order, notice, instruction, or request, whether in form of data to be supplied or otherwise, unless upon request of respondent modification thereof shall be made by the commission.

3. Answers to protests, complaints, and petitions, if made, shall be so drawn as to advise the parties and the commission fully and specifically of the nature of the defense and should admit or deny specifically and in detail each material allegation of such protest, complaint, or petition.