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FEDERAL
YOLUME 3

1934

REGISTER

P

NUMBER 108

A fJ T E O

,
Washington Friday, June 3, 1938
department o f t h e in t e r io r .

National Bituminous Coal Commission.
Docket No. 13
Petition op M allory C oal C o m pa n y , et al. por V acation op Ruling by th e C o m m issio n D ated M arch 30, 1938, and Revocation op I ts C onstructio n T h er ein op S ection 10
a of the B it u m in o u s C oal A ct op 1937
Docket No. 14
Rochester and P ittsburgh Coal C o m pa ny and E x ceptio n R uling o p C o m m issio n D ated M arch 30, 1938

to
ORDER

At a Session of the National Bituminous Coal Co m m ission held at its offices in Washington, D. C., on the 1st day of June 1938.
The above entitled matters, being consolidated for the purposes of hearing, came on to be heard before the Com mission on the 25th and 26th days of May, 1938.1 The peti tions similarly prayed th at the Ruling of the Commission, dated March 30, 1938, be rescinded and the construction of Section 10 a of the Act therein made, be revoked. This Ruling declared that the Commission would, upon the hear ing for the determination of the weighted average of the total costs of the ascertainable tonnage produced in the sev eral districts for the calendar year 1936, cause the cost reports of the individual producers of bituminous coal, obtained pur suant to the provisions of Section 10 a of the Act and Order No. 15 s of the Commission, to be made available for introduction in evidence. The construction of Section 10 a of the Act adopted by the Commission, of which petitioners complain, is that said Section permits the introduction in evidence of the said individual cost returns at a hearing before the Commission.
The Associated Industries of New York, Inc., Association of American Railroads, American Short Line Railroad Asso ciation, and the Indiana Gas & Chemical Corporation, sev erally sought leave to intervene. These petitions to inter vene were denied. The cities of New York, Cleveland, Chi cago, Boston, and Richmond, and producers Imperial Coal Corporation, Heisley Coal Company, Monroe Coal Company, Ebensburg Coal Company, Alleghany River M in in g Company, ibnggold Coal Company, Reid Coal Company, and the Berwind-White Coal Company, likewise filed petitions to inter vene, which were granted.
Evidence being adduced by the petitioners and by the pureau of Statistics and Research of the Commission, and the commission being fully advised in the premises, finds that me Ruling complained of should not be rescinded, nor the construction therein made, be revoked, and that the petitions 1115, 1151 D I.
2 E. R. 1477 D I.

in each of said Dockets Nos. 13, and 14 should be dismissed, for the reasons stated in the opinion of the Commission in this cause filed herewith, Now, therefore, It is ordered:
1. That the petition of the Mallory Coal Company, et al., filed in Docket No. 13, and the petition of the Rochester and Pittsburgh Coal Company, filed in Docket No. 14, be and the same are hereby denied and dismissed.
2. That the Secretary of the Commission be and he is hereby directed to cause the individual cost returns of the producers, as above described, to be made available for in spection by interested parties in the final hearing in the establishment of minimum prices and marketing rules and regulations, so that the same will be available for introduc tion in evidence if and when required.
3. That the Secretary be and he is hereby directed to mail a copy of this order to each of the above named petitioners, and to all parties who filed petitions to intervene.
By the Commission.
Dated this 1st day of June, 1938.
tSEAL

F . W itcher M cC ullough , S e c r e ta r y .

P. R. Doc. 38-1556; Piled, June 2,1938; 12:46 p. m.

General Docket No. 15
In
th e
M atter of th e E stabl ish m ent op M in im u m P rices and M arketing R u l e s and R egulations
SECOND SUPPLEMENTAL NOTICE OP AND ORDER FOR HEARING IN RE
DETERMINATION OP WEIGHTED AVERAGE OP THE TOTAL COSTS OF
THE TONNAGE PRODUCED WITHIN MINIMUM PRICE AREAS 6, 7, 9 AND 10

Whereas, the Commission, mi the 26th day of May, 1S38, issued its supplemental order and notice of a hearing1 to be held on the 13th day of June, 1938, at 10 oclock A. M., in the Hearing Room of the Commission at the ShirleySavoy Hotel, Denver, Colorado, in the matter of the deter mination of the weighted average of the total costs of the tonnage produced within M in im u m price Areas 6, 7, 9 and 10, and Whereas, the original notice, dated May 25, 1938 and said supplemental notice and order provided that the veri fied cost reports of the individual producers within each of the aforesaid Price Areas, obtained by the Commission pur suant to Section 10 a of the Bituminous Coal Act of 1937
and Order No. 15 of the Commission and upon which are based the cost data submitted to the District Boards by the Statistical Bureaus of the Commission and the composite exhibits prepared by the Bureau of Research and Statistics 3 F. R. 1226 D I.
3 P .R . 1200 D I.

1277