15 U.S.C. § 717p — Joint boards

Page 1198 TITLE 15—COMMERCE AND TRADE § 717o § 717o. Administrative powers of Commission; rules, regulations, and orders The Commission shall have power to perform any and all acts, and to prescribe, issue, make, amend, and rescind such orders, rules, and regu- lations as it may find necessary or appropriate to carry out the provisions of this chapter. Among other things, such rules and regulations may define accounting, technical, and trade terms used in this chapter; and may prescribe the form or forms of all statements, declara- tions, 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 Commis- sion shall be effective thirty days after publica- tion in the manner which the Commission shall prescribe. Orders of the Commission shall be ef- fective 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 jurisdic- tion and prescribe different requirements for dif- ferent classes of persons or matters. All rules and regulations of the Commission shall be filed with its secretary and shall be kept open in con- venient form for public inspection and examina- tion during reasonable business hours. (June 21, 1938, ch. 556, § 16, 52 Stat. 830.) § 717p. Joint boards (a) Reference of matters to joint boards; com- position and power The Commission may refer any matter arising in the administration of this chapter to a board to be composed of a member or members, as de- termined 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 Com- mission to hold any hearings. The action of such board shall have such force and effect and its proceedings shall be conducted in such manner as the Commission shall by regulations pre- scribe. 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 enti- tled 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 nomina- tion 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 ex- ists therefor, revoke any reference to such a board. (b) Conference with State commissions regard- ing rate structure, costs, etc. The Commission may confer with any State commission regarding rate structures, costs, ac- counts, 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 connec- tion with any matter with respect to which the Commission is authorized to act. The Commis- sion is authorized in the administration of this chapter to avail itself of such cooperation, serv- ices, records, and facilities as may be afforded by any State commission. (c) Information and reports available to State commissions The Commission shall make available to the several State commissions such information and reports as may be of assistance in State regula- tion of natural-gas companies. Whenever the Commission can do so without prejudice to the efficient and proper conduct of its 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 pro- visions of this subsection. (June 21, 1938, ch. 556, § 17, 52 Stat. 830.) § 717q. Appointment of officers and employees 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 functions under this chapter; and the Commission may, subject to civil-serv- ice laws, appoint such other officers and employ- ees as are necessary for carrying out such func- tions and fix their salaries in accordance with chapter 51 and subchapter III of chapter 53 of title 5. (June 21, 1938, ch. 556, § 18, 52 Stat. 831; Oct. 28, 1949, ch. 782, title XI, § 1106(a), 63 Stat. 972.) Editorial Notes CODIFICATION Provisions that authorized the Commission to ap- point and fix the compensation of such officers, attor- neys, examiners, and experts as may be necessary for carrying out its functions under this chapter ‘‘without regard to the provisions of other laws applicable to the employment and compensation of officers and employ- ees of the United States’’ are omitted as obsolete and superseded. As to the compensation of such personnel, sections 1202 and 1204 of the Classification Act of 1949, 63 Stat. 972, 973, repealed the Classification Act of 1923 and all other laws or parts of laws inconsistent with the 1949 Act. The Classification Act of 1949 was repealed by Pub. L. 89–554, Sept. 6, 1966, § 8(a), 80 Stat. 632, and reenacted as chapter 51 and subchapter III of chapter 53 of Title 5, Government Organization and Employees. Section 5102 of Title 5 contains the applicability provisions of the 1949 Act, and section 5103 of Title 5 authorizes the Office of Personnel Management to determine the ap- plicability to specific positions and employees. Such appointments are now subject to the civil serv- ice laws unless specifically excepted by those laws or by laws enacted subsequent to Executive Order 8743, Apr. 23, 1941, issued by the President pursuant to the Act of Nov. 26, 1940, ch. 919, title I, § 1, 54 Stat. 1211, which covered most excepted positions into the classi- fied (competitive) civil service. The Order is set out as a note under section 3301 of Title 5.