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COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE

(EIGHTY-SIXTH CONGRESS)

OREN HARRIS, Arkansas, Chairman

JOHN BELL WILLIAMS, Mississippi
PETER F. MACK, JR., Illinois
KENNETH A. ROBERTS, Alabama
MORGAN M. MOULDER, Missouri
HARLEY O. STAGGERS, West Virginia
WALTER ROGERS, Texas

SAMUEL N. FRIEDEL, Maryland
JOHN J. FLYNT, JR., Georgia

TORBERT H. MACDONALD, Massachusetts
GEORGE M. RHODES, Pennsylvania

JOHN JARMAN, Oklahoma

LEO W. O'BRIEN, New York

JOHN E. MOSS, California

JOHN D. DINGELL, Michigan

JOE M. KILGORE, Texas

PAUL G. ROGERS, Florida

ROBERT W. HEMPHILL, South Carolina
DAN ROSTENKOWSKI, Illinois
LAWRENCE BROCK, Nebraska

JAMES C. HEALEY, New York

JOHN B. BENNETT, Michigan
WILLIAM L. SPRINGER, Illinois
PAUL F. SCHENK, Ohio
STEVEN B. DEROUNIAN, New York
J. ARTHUR YOUNGER, California
WILLIAM H. AVERY, Kansas
HAROLD R. COLLIER, Illinois
MILTON W. GLENN, New Jersey
SAMUEL L. DEVINE, Ohio
ANCHER NELSEN, Minnesota
HASTINGS KEITH, Massachusetts

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CONTENTS

Public hearings held by subcommittee__

Rules of procedure__

Testimony of

Page

5734

5755

Anton, James, staff member, Civil Aeronautics Board. 5538, 5573, 5596 Aplin, Stephen, Director, Bureau of Rates and Practices, Interstate Commerce Commission..

5381, 5435

Baker, Vernon, Director, Bureau of Finance, Interstate Commerce
Commission..

5381, 5435 5538, 5573, 5596 5538, 5573, 5596

Bakke, Oscar, staff member, Civil Aeronautics Board..
Brown, Francis W., staff member, Civil Aeronautics Board.
Cohen, Lawrence, counsel for Mr. Goldfine__
Coyle, Paul, Director, Bureau of Operating Rights, Interstate Com-
merce Commission

5748

..5381, 5435 5538, 5573, 5596

Denny, Harmar D., member, Civil Aeronautics Board.
Donnelly, Charles T., staff member, Civil Aeronautics Board...

5538, 5573, 5596 5538, 5573, 5596

Dregge, John W., staff member, Civil Aeronautics Board..
Durfee, James R., Chairman, Civil Aeronautics Board.-- 5538, 5573, 5596
Eckels, Lee W.

5636

Freas, Howard, Chairman, Interstate Commerce Commission 5381, 5435 Ginnane, Robert, General Counsel, Interstate Commerce Commis

sion

Goldfine, Bernard.

Goldman, Joseph B., staff member, Civil Aeronautics Board.

5381, 5435

5748

5538, 5573, 5596

5538, 5573, 5596

Gurney, Chan, Vice Chairman, Civil Aeronautics Board.
Hector, Louis J., member, Civil Aeronautics Board..
5538, 5573, 5596
Hughes, James T., Jr., staff member, Civil Aeronautics Board. 5538, 5573, 5596
Johnson, Robert M., staff member, Civil Aeronautics Board..

5538, 5573, 5596 Juliana, James N., staff member, Civil Aeronautics Board. 5538, 5573, 5596 Kloepfer, William, Jr., staff member, Civil Aeronautics Board... 5538,

5573, 5596

Koch, Irving, Chief, Section of Review, Bureau of Rates and Practices,
Interstate Commerce Commission.
5381
Lester, Robert C., staff member, Civil Aeronautics Board. 5538, 5573, 5596
Madden, William J., staff member, Civil Aeronautics Board.......
Matta, William G., partner, Matta Enterprises, Braddock, Pa.
McAdams, Francis H., staff member, Civil Aeronautics Board__

5538, 5573, 5596 5498, 5503

5538, 5573, 5596

McCoy, Harold, Secretary, Section of Cost Finding, Bureau of Ac-
counts, Cost Finding, and Valuation, Interstate Commerce Com-
mission..

Minetti, G. Joseph, member, Civil Aeronautics Board
Mulligan, M. C., staff member, Civil Aeronautics Board.
Newmann, Ross I., staff member, Civil Aeronautics Board.
Ozment, Oral D., staff member, Civil Aeronautics Board.
Peterson, Nad A....

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Stone, Franklin M., staff member, Civil Aeronautics Board. 5538, 5573, 5596 Sutton, George O.

5511, 5642

Towne, Sam, Chief, Section of Cost Finding, Bureau of Accounts, Cost
Finding, and Valuation, Interstate Commerce Commission. 5381,5435
Walter, Henry, Director, Bureau of Inquiry and Compliance, Inter-
state Commerce Commission..

Williams, Edward Bennett, counsel for Mr. Goldfine...

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Additional information submitted for the record:

Page

Bureau of the Budget, letter from Elmer B. Staats, Assistant Director. 5570
Civil Aeronautics Board:

Correspondence with James Rowe, Jr., Assistant to the Presi-

dent...

Letter from James R. Durfee, Chairman_.
Federal Communications Commission:

Letters from-

Doerfer, John C., Chairman__

Smith, Elizabeth C.; hearing examiner

Federal Power Commission, letters from Jerome K. Kuykendall,

Chairman..

5738, 5739
5677

5355, 5644, 5726, 5727

5354

5799-5806

5799

5761

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House Resolution 684, 85th Congress, 2d session (resolution to
certify report) –

Proceedings against (H. Rept. 2580, 85th Cong., 2d sess.).

Hardy, Russell, Sr., letter from___

Harris, Hon. Oren:

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Rules and regulations governing applications for authority to

issue securities.

Karsten, Hon. Frank M., letter from..

Library of Congress, letter from Hugh L. Elsbree, Director, Legislative
Reference Service, transmitting references to published congres-
sional committee reports re investigations of regulatory agencies,
1937-58--

5722

Memorandum re examiner,s initial findings and modified findings in
Pittsburgh Channel 4 case..

5357

Securities and Exchange Commission, letter from Daniel J. McCauley,

Jr., Associate General Counsel, transmitting memorandum____ 5730

Sutton, George O., correspondence with James Murray, station man-
ager, KQV, Pittsburgh, Pa...

5513-5517

INVESTIGATION OF REGULATORY COMMISSIONS AND

AGENCIES

THURSDAY, NOVEMBER 20, 1958

HOUSE OF REPRESENTATIVES,

SPECIAL SUBCOMMITTEE ON LEGISLATIVE OVERSIGHT

OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE, Washington, D.C. The special subcommittee met, pursuant to call, at 10:25 a.m., in room 1334, New House Office Building, Hon. Oren Harris (chairman of the full committee) presiding.

Present: Representatives Harris, Mack, Moulder, Wolverton, and O'Hara.

Also present: Robert W. Lishman, counsel to the subcommittee; Mary Louise Ramsey, attorney; Herman C. Beasley, of the subcommittee staff; and R. W. Martin, administrative assistant.

The CHAIRMAN. Let the committee come to order.

At the outset of the hearing this morning, and to carry forward, at the conclusion of the hearings yesterday afternoon the following material which has been developed by the staff will be included in the record, beginning at this point:

A letter from Jerome K. Kuykendall, Chairman, Federal Power Commission, dated October 22, 1958, addressed to the chairman, regarding licensing legislation.

(The letter referred to is as follows:)

FEDERAL POWER COMMISSION,
Washington, October 22, 1958.

Hon. OREN HARRIS,

Chairman, Special Subcommittee on Legislative Oversight,
Committee on Interstate and Foreign Commerce,
House of Representatives, Washington, D.C.

DEAR MR. CHAIRMAN: At the hearing on September 25 before the Special Subcommittee on Legislative Oversight on Federal Power Commission practice concerning 50-year licenses for hydroelectric projects, you asked if the Commission had any recommendations to submit for legislation to deal with any phases of this troublesome problem.

In issuing licenses for proposed hydroelectric projects to be built after the license authorization, the license term has been fixed without difficulty. In 1935 Congress amended the Power Act to give the Commission authority to investigate the legal right of constructed powerplants to occupy streams subject to the jurisdiction of Congress. When it appeared that a large number of hydroelectric projects might be operating without requisite Federal authority, an investigation was commenced in December 1937 (docket No. IT-5501) to ascertain the facts as fully as possible without undue expenditure of time or money. Thereafter in separate proceedings a number of constructed projects were found to be operating without requisite Federal authority and were required to apply for and to accept licenses from the Commission.

Under this program the first group of applications coming before the Commission covered solely constructed projects which had been operating without

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