defendants, and respondents according to the nature of the proceedings and their relation thereto. Any party may be heard in person or by attorney.

2. In proceedings involving applications for permit, for license, or for amendment or transfer thereof, for restoration to entry of lands in power-site reserves, for permission to issue securities, or for any other permission or authorization which the commission may give under the authority of the Federal water power act, any party on whose behalf the application is made will be styled "applicant.” 3. In proceedings involving declarations of intention under the provisions of section 23 of the act to build dams or other structures across or in streams not defined as navigable waters, the party on whose behalf the declaration is filed will be styled "declarant."

4. A "protestant" is one who objects on the ground of personal or public interest to the approval of an application for permit or license or to amendment or transfer thereof; to the assumption of jurisdiction by the commission in any case of declaration of intention; to the approval of an application for permission to issue securities; to the approval of claims of licensees respecting costs of project or fair value thereof; or to any other action which the commission may have under consideration upon its own initiative or upon any application or petition.

5. A "complainant" is any party in interest who files with the commission a complaint asserting that any permittee or licensee of the commission is or has been acting in violation of the act or of his permit or license, or is failing or has failed to comply with the requirements of such act, permit, or license or with certain of them; or any State which, availing itself of the provisions of section 19 or section 20 or any other part of the act, files a request concerning the services rendered, the rates and charges of payment therefor, or the amount and character of securities to be issued by any licensee or by other person, natural or artificial.

6. Any permittee or licensee or other person or corporation who makes a formal request upon the commission for the issuance or modification or rescission of any order or regulation of the commission, or a formal request for rehearing, reargument, or review of any report or recommendation of the executive secretary or other officer of the commission, made to the commission in conformity with these rules of practice and procedure, or for rejection or modification of any proposed order, finding, or decision of the commission, or who seeks any other relief or remedy under the act, will be styled a "petitioner.'

7. If any person or corporation, other than one against whom or against which some action or remedy is sought by a complainant, by a petitioner or by an applicant, shall appear before the commission for

the purpose of asking the same relief or remedy as that sought by a complainant, a petitioner, or an applicant, or of asking different relief or a different remedy to redress the wrong or to meet the situation presented to the commission by a complainant, a petitioner, or an applicant, such person or corporation will be styled an “intervener.”

8. Any person or corporation against whom or against which any remedy, relief, or action by the commission is sought by a complainant, by a petitioner, or by an intervener will be styled a "defendant." 9. A "respondent" is any permittee, licensee, or other party to whom an order, notice, instruction, or request issued by the commission instituting a proceeding or investigation on its own initiative is addressed.

III. PROCEDURE AT HEARINGS

1. In pursuance of the authority conferred by section 4 (g) of the act, hearings may be ordered by the commission for the purpose of giving opportunity to, or of requiring, any party to any proceedings before the commission to produce books or other documentary evidence bearing upon any application, declaration, protest, petition, or complaint made to the commission, or upon any statement or report filed in response to a request, or instruction or order of the commission, or to give oral testimony in verification, amplification, or explanation thereof; or for the purpose of taking testimony or producing records not under the control of any such party; or for the purpose of taking testimony or producing records in connection with the regulation of rates, services, or securities, or with the conduct of any investigations authorized by the act.

2. Hearings may be ordered by the commission in its discretion either upon its own motion or upon motion of an applicant, declarant, protestant, petitioner, or complainant for the purpose of submission to the commission of testimony or evidence, or for bringing out evidence not otherwise available to such applicant, declarant, protestant, petitioner, or complainant. Applications for such hearings shall set out the names and places of residence of witnesses, if any, to be subpoenaed, the facts to which they are expected to testify, and a specific description of books or documents which it is desired to have produced.

3. Matters pending before the commission will be brought to hearing in the order in which they appear on the "hearings docket "2 or on the "review docket," as the case may be. Except in cases of field hearings, of hearings upon petitions for review of recommendations of the executive secretary of other officer of the commission, or

2 See sec. IX hereof.

3 See sec. XI, par. 5.

of hearings held originally before the commission at its direction, hearings will be conducted by the executive secretary of the commission, or by some one whom he may designate; and, unless otherwise specifically provided, will be held in the offices of the commission in the city of Washington, District of Columbia.

4. Appropriate public notice of any hearing or public proceeding shall be given. The notice shall state the nature of the matters to be heard, the time and place of the hearing, and, if designated, the name of the officer before whom the testimony is to be taken or the evidence produced. Such notice will be mailed to the applicant, declarant, protestant, petitioner, or complainant, as the case may be, to State or other governmental authorities having official interest in the proceedings, and to such other individuals or organizations as may be deemed to have a substantial interest therein.

5. When reports, statements, recommendations, or other documentary evidence are made public in connection with any hearing or other public proceeding before the commission, or before the executive secretary or other officer of the commission, copies thereof will be supplied to all parties to the proceedings, to appropriate State or other governmental authorities, and to such others as may be deemed to have a substantial interest therein.

6. Subpoenas requiring the attendance of witnesses from any place in the United States at any designated place of hearing may be issued by any member of the commission.

7. Subpoenas for the production of books, papers, or documents, unless directed by the commission upon its own motion, will be issued only upon application in writing. Applications to compel witnesses who are not parties to the proceedings, or agents or employees of such parties, to produce documentary evidence must be verified and must specify, as nearly as may be, the books, papers, or documents desired and the facts to be proven by them.

8. Witnesses who are summoned by simple subpoenas or by subpœnas duces tecum shall be paid the same fees and mileage that are paid witnesses in the courts of the United States; and witnesses whose depositions are taken and persons taking the same shall severally be entitled to the same fees as are paid for like service in the courts of the United States. Such fees and mileage shall be paid by the party at whose instance the witnesses are summoned or, the depositions taken; and the commission, before issuing subpœna or ordering deposition, may require deposit of an amount adequate to cover the fees and mileage involved. In cases in which witnesses are summoned or depositions are taken at the instance of the commission and not at the instance of any party to the proceeding, the fees and mileage aforesaid will be paid from public funds to the extent to which appropriations may be available therefor. The executive

secretary is hereby authorized to sign such vouchers and certificates and to take such steps on behalf of the commission as may be necessary or appropriate in obtaining for witnesses the payment of fees and mileage.

9. At any hearings held at the instance of the commission the officer conducting the hearing will prescribe the order in which the evidence shall be presented and will control the production thereof. Witnesses will be placed under oath at the discretion of the officer conducting the hearing, and will be examined orally before such officer unless their testimony has been previously taken by deposition, or the facts have been agreed upon.

10. At any hearing held upon motion of an applicant, declarant, protestant, petitioner, or complainant, the party upon whose motion the hearing is held shall have the right of opening and closing the

case.

11. At any hearing any party to the proceedings, and his agents and employees, and other persons subpoenaed as witnesses in his behalf, may be cross-examined by counsel for the commission or by any other party to the proceedings, or attorney of such party, regarding any testimony given or any documentary evidence which may have been submitted either on the action of the party presenting the same or on the request, instruction, order, or subpoena of the commission. In absence of counsel for the commission the officer conducting the hearing may himself cross-examine witnesses. The presiding officer may elicit from witnesses or attorneys any information not otherwise developed which he may deem pertinent to the proceedings before him. Witnesses may be called and evidence may be offered only by the commission and by parties to the proceedings. 12. Hearings will be for the purpose of developing facts or of obtaining expert opinion. Except, therefore, for briefs and oral arguments, provision for the submission of which shall be governed by section IV hereof, hearings will be confined to the presentation of oral or documentary evidence of which the witnesses have personal or expert knowledge. The officer conducting a hearing may summarily stop and reject obviously irrelevant matter.

13. Where relevant and material matter offered in evidence by any party is embraced in a book, paper, or document containing other matter not material or relevant, the party must plainly designate the matter so offered. If the other matter is in such volume as would unnecessarily cumber the record, such book, paper, or document will not be received in evidence but may be marked for identification and, if properly authenticated, the relevant and material matter may be read into the record, or, if the presiding officer so directs, a true copy of such matter, in proper form, shall be received as an exhibit, and like copies delivered by the party offering the same

to opposing parties or their attorneys appearing at the hearing, who shall be afforded opportunity to examine the book, paper, or docu. ment, and to offer in evidence in like manner other portions thereof if found to be material and relevant.

14. Where agreed upon by the parties at or after the hearing, the presiding officer, if he deems advisable, may receive specified documentary evidence as a part of the record within a time to be fixed by him, but which shall expire not less than 10 days before the date fixed for filing and serving briefs.

15. Except as above provided, or as may be expressly permitted in specific instances, the officer conducting the hearing will not receive in evidence or consider as part of the record any document, letter, or other writing submitted for consideration in connection. with the proceeding after the close of the testimony, but will return the same to the sender.

16. At hearings before the commission itself, on petition to review the reports and recommendations of the executive secretary or other officer of the commission, no evidence, oral or documentary, will be admitted, but hearings will be confined strictly to oral arguments upon the reports, recommendations, or record upon which the case was brought before the commission for review.

17. In hearings held upon motion of a protestant, petitioner, or complainant, the party upon whose motion the hearing is called shall bear the cost of reducing oral testimony to writing and of supplying copies of the transcript thereof to the commission. In proceedings instituted by the commission, or involving applications made to the commission, the commission will make provisions for stenographic record of the proceedings and will bear the cost of such copies of the transcript as it requires for its own purposes.

18. In event of failure or refusal of an applicant, declarant, protestant, complainant, or petitioner on whose motion a hearing has been ordered, or of a respondent in a hearing ordered by the commission on its own motion, to present at such hearing such testimony and/or evidence within its control or possession as the commission may deem necessary for its consideration of the matter or matters at issue, the commission may in its discretion dismiss the case or take such other action as the circumstances may warrant.

IV. BRIEFS AND ORAL ARGUMENT

1. The privilege of presenting a brief for consideration in connection with the preparation, by the executive secretary or other officer of the commission, of a report and recommendations addressed to the commission and for subsequent consideration by the commission will, if practicable, be granted to any party in interest by the officer