terms, the rate of interest and whether and how to be secured, and if to be secured by a mortgage or pledge, the terms thereof. (c) A statement of the use to which the capital to be secured by the issue of such stock, bonds, notes or other evidence of indebtedness is to be put with a definite statement of how much is to be used for the acquisition of property, how much for the construction, completion, extension or improvement of facilities, how much for the improvement of its service, how much for the maintenance of its service, and how much for the discharge or refunding of its obligations. (d) A statement in detail of the property which is to be acquired with its value, a detailed description of the construction, completion, extension or improvement of facilities set forth in such a manner that an estimate may be made of its cost, a statement of the character of the improvement of its service proposed, and of the reasons why the service should be maintained from its capital; if it is proposed to discharge or refund its obligations, a statement of the nature and description of such obligations including their par value and the amount for which they were actually sold and the application of the proceeds. (e) A statement showing whether any contracts have been made for the acquisition of such property, or for such construction, completion, extension or improvement of facilities, or for the disposition of any of the stock, bonds, notes or evidence of indebtedness which it is proposed to issue or the avails thereof, and if any such contracts have been made, copies thereof should be annexed to the petition. (f) A statement showing whether any of the outstanding stock or bonds or other obligations of the company have been issued or used in capitalizing any franchise or any right to own, operate or enjoy any franchise or any contract for consolidation or lease, and if so, the amount thereof and the franchise, right, contract or lease so capitalized. (g) If the stock is to be issued by a corporation formed by the merger or consolidation of two or more other corporations, the petition shall contain a complete statement of the financial condition of the corporations so consolidated, of the kind required by subdivision (a) hereinabove set forth, and of their capital stock at the par value thereof. (h) The petition shall contain a statement of any other facts pertinent to the application. Fourth. If any of the documents have been filed with the Commission, duplicates need not be filed, but the time of filing shall be given. All papers should be printed or typewritten, and so far as practicable be on paper eight by eleven inches in size and bound on the left edge. Fifth. On receipt of the petition, the Commission shall fix a time and place for a hearing thereon, and shall give to the applicant not less than ten days notice thereof, either personally or by mail; the applicant shall publish a notice of the application and the time and place of the hearing, in such newspapers and at such times as the Commission shall direct. The Commission may prescribe the terms and contents of such publication. The Commission may at the request of the applicant, or on its own motion, prescribe a shorter notice for such hearing and modify its directions for publication accordingly. Sixth. At the hearing the applicant shall produce such witnesses and furnish such books, papers, documents and contracts as the Commission shall at any time before final decision on the application require, and must establish to the satisfaction of the Commission that the proposed issue of stocks, bonds, notes or other evidence of indebtedness is for the benefit of the public service. RULE XXV. The form and contents of complaints made as provided in section 71, regarding the price of gas and electricity, shall be as follows: (1) The said complaint shall be directed to the Public Service Commission for the first district. It shall state the names of the corporations supplying gas or electricity, as the case may be, either within the city of New York or within such subdivision thereof, either borough or county, as the complainants may desire to include within the complaint. (2) It shall state that each of such companies is a corporation, if such be the fact, and that such corporations are authorized to sell, manufacture and supply gas or electricity, as the case may be, for heat, light or power within the said territory, and that they are actually engaged in manufacturing, selling and supplying either gas or electricity for the purposes aforesaid. (3) If the complaint is against gas companies, it shall state whether it is directed to the illuminating power or purity or the pressure or the price of gas. If against electrical companies, whether directed to the initial efficiency of the electric incandescent lamp supply or the regulation of the voltage of the supply system used for incandescent lighting or the price, and it shall specify the respects wherein the service is otherwise inadequate or the methods unreasonable, and if it is claimed that the price is excessive and unreasonable the price actually charged by such companies should be set forth, and the respects wherein or the reasons why it is unreasonable specified. (4) The complaint shall state that each of the complainants is a customer or purchaser of either gas or electricity, as the case may be, from one or more of the said companies against whom the complaint is made. (5) If the complaint is that the price of either gas or electricity is excessive, it should state that the price is excessive, unfair and unreasonable and is disproportionate to the proper cost of manufacturing and delivering either gas or electricity in the locality mentioned. (6) The complaint may also contain any other specification of any illegal act on the part of said companies, or any violation of the charter or franchises of said companies or any of them, in respect of the manufacture, sale or supply of gas or electricity, or in its methods of conducting its business, and should demand the relief which the complainant desires. (7) The complaint must be signed by not less than one hundred customers or purchasers of gas or electricity in the city of New York, or in such lesser territory as is included in the complaint, and the address of each signer shall be stated. (8) A single complaint shall not include both gas and electricity. (9) Upon such complaint being filed an order for a hearing shall be made returnable at such time as the Commission may direct. Such order may also include such other matters as the Commission may desire to be included in the investigation or hearing. A certified copy of the order with a copy of the complaint shall be served on each corporation affected thereby, and the hearing shall proceed at the time and place designated or at such other time to which the Commission or the Commissioner presiding may adjourn the same. |