Page:United States Statutes at Large Volume 49 Part 1.djvu/850

 74TH CONGRESS. SESS. I. CH. 687 . AUGUST 26, 1935 . 805 does not resell such electric energy, is engaged primarily in manu- facturing (other than the manufacturing of electric energy or gas) and is not controlled by any other company and by reason of the small amount of electric energy sold or furnished by such operating company to other persons it is not necessary in the public interest or for the protection of investors or consumers that it be considered an electric utility company for the purposes of this title. The filing of an application hereunder in good faith shall exempt such com- pany (and the owner of the facilities operated by such company) from the application of this paragraph until the Commission has acted upon such application. As a condition to the entry of any such order, an d as a par t thereof, the Comm ission ma y require application to be made periodically for a renewal of such order, and may require the filing of such periodic or special reports regard- ing the business of the company as the Commission may find neces- sary or appropriate to insure that such company continues to be entitled to such exemption during the period for which such order is effective. The Commission, upon its own motion or upon applica- tion, shall revoke such order whenever it finds that the conditions specified in clause (A) or (B) are not satisfied in the case of such company. Any action of the Commission under the preceding sentence shall be by order. Application under this paragraph may be made by the c ompany in respect o f which th e order is to be issued or by the owner of the facilities operated by such company. Any order issued under this paragraph shall apply equally to such company and such owner. The Commissio n may by r ules or r egu- lations conditionally or unconditionally provide that any specified class or classes of companies which it determines to satisfy the conditions specified in clau se (A) or (B), and the owners of the facilities operated by such companies, shall not be deemed electric utility companies within the meaning of this paragraph. (4) "G as utility company" means any company which owns or pa ng. operates facilities used for the distribution at retail (other than distribution only in enclosed portable containers, or distribution to tenants or employees of the company operating such facilities for their own use and not for resale) of natural or manufactured gas for heat., light, or power. The Commission, upon application, shall by order declare a company operating any such facilities not to be a gas utility company if the Commission finds that (A) such company is primarily engaged in one or more businesses other than the busi- ness of a gas utili ty compan y, and (B) by reason of the small amount of natural or manufactured gas distributed at retail by such company it is not necessary in the public interest or for the protec- tion of investors or consumers that such company be considered a gas utility company for the purposes of this title. The filing of an ap plication hereund er in good faith shall exempt such company (and the owner of the facilities operated by such company) from the application of this paragraph until the Commission has acted upon such application. Asa condition to the entry of any such order, and as a part thereof, the Commission may require application to be ma de periodically f or a renewal of s uch order, and ma y require the filing of such periodic or special reports regarding the business of the company as the Commission may find necessary or appropriate to insure that such company continues to be entitled to such exemp- tion during the period for which such order is effective. The Com- mission, upon its own motion or upon application, shall revoke such order whenever it finds that the conditions specified in clauses (A) and (B) are not satisfied in the case of such company. Any action of the Commission under the preceding sentence shall be by order. utility co in