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APPENDIX"B."

RULES OF PRACTICE OF THE COMMISSION.

APPENDIX "B."

RULES OF PRACTICE.

COMMISSION OF GAS AND ELECTRICITY OF THE STATE OF NEW YORK.

! The following are the rules of practice adopted by the Commission:

ANNUAL REPORTS. (Laws 1905, Chapter 737, Section 9, Subdivision 6.) Each corporation under the supervision of the Commission is required to submit to it an annual report for the year preceding the 30th day of June, 1906, and annually thereafter. The Commission will prescribe the form of the report and on or before May first of each year will furnish a blank form for such report. The report must be furnished to the Commission on or before the fifteenth day of September following.

INDORSEMENT OF PAPERS AND COPIES. All papers on applications to the Commission shall be indorsed with the name and postoffice address of counsel, or of the person instituting the proceeding, to whom correspondence is to be addressed.

In all cases, except complaints, copies in triplicate (one original and two copies) of each paper filed on applications shall be furnished to the Commission.

APPROVAL OF INCORPORATION.

(Laws 1905, Chapter 737, Section 11.) Application must be made by verified petition; accompanying the petition there must be a certified copy of the articles of incor

poration and a verified statement, made by the president and secretary of the corporation, showing that it has received the required consent of the proper municipal authorities, and any facts bearing on the necessity for the service proposed to be furnished, with a statement in detail of the capacity, capital stock and equipment of all similar corporations having the right to furnish service of a similar character in the territory in which the petitioner proposes by its charter to operate.

A date for hearing will be fixed and the Commission will require notice of the application to be published in local newspapers designated by the Commission. Proof of publication must be furnished at the hearing.

NOTE.- The approval of the incorporation, if granted, does not permit the issue of stock or bonds until this Commission grants a further certificate in writing as to the amount of stock or bonds reasonably required for the purposes of the corporation. (See Laws 1905, chap. 737, § 12.) The Commission recommends that both applications be made, if practicable, at the same time.

A sworn statement from the officers of the corporation must be furnished giving in detail the value of the property and franchises owned and to be operated by such corporation, the purposes to which the proceeds of the proposed issue of stock or bonds are to be devoted and any other pertinent information. Accompanying the statement, an estimate, made by a person competent to make the same, must be furnished of the cost of proposed construction and equipment. (Such statement and estimate will not comply with this rule unless they contain the number of the various items and the estimated value, or cost, of each, classified separately.)

CERTIFICATE OF AUTHORITY TO A MUNICIPALITY.

(Laws 1905, Chapter 737, Section 11.) Application must be made by verified petition. The petition should state the capacity, capital stock and equipment of all corporations (and the capacity and equipment of any plant and the amount invested therein by any individual), having the right to furnish service of a similar character in the territory in which the petitioner proposes to operate.

A date for hearing will be fixed and the Commission will require notice of the application to be published in local news

papers to be designated by it. Proof of publication must be furnished at the hearing.

The petition shall further state any facts bearing on the necessity for the service proposed to be furnished and a verified estimate, made by a person competent to make the same, of the cost of the proposed construction and equipment. (Such estimate will not comply with this rule unless it contains the number of the various items and the estimated value, or cost, of each, classified separately.)

Such petition shall further have annexed thereto a copy of any outstanding contract for the furnishing of gas or electricity, as the case may be, for public lighting in such territory and the petitioner shall be prepared at the hearing to give oral proof of the intentions and good faith of the municipality in applying for a certificate to build, maintain and operate, for other than municipal purposes, such works or systems for the manufacture and supply of gas or electricity for lighting purposes.

If contracts have been provisionally entered into for building and equipment of such plant, copies of the same should be furnished at the hearing.

INCREASE OF CAPITAL STOCK.

(Sections 44-46 of the Stock Corporation Law. Laws 1905,

Chapter 737, Section 12.) Application must be made by verified petition. A date for hearing will be fixed and the Commission will require notice of the application to be published in local newspapers, to be designated by it. Proof of publication of the notice must be furnished at the hearing.

Accompanying the petition there must be:

First. Three certificates of the proceedings of the meeting of stockholders at which the increase is authorized. If the application is approved, two copies will be returned accompanied by duplicate originals of the consent of the Commission, to be filed in the offices of the county clerk and the Secretary of State, respectively.

Second.---- A sworn statement from the officers of the company and a qualified expert giving in detail the value of the property and franchises owned and operated by such corporation; the financial condition of the company, the amount of capital stock

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