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(2) An order for controlled materials for use In maintenance and repair, as operating supplies, and for minor plant additions bearing the abbreviated CMP allotment number U-9 and the certification required by paragraph (d) of this order shaU be deemed an authorized controlled miaterials order. This abbreviated CMP allotment number shall constitute an “allotment number or symbol” for the purpose of CMP Regulation 3. (d) Certification. The ratings assigned by subparagraphs (b) (1), (2) and (3) of this order and the abbreviated CMP allotment number U-9 may be applied by a producer only by the use of a certification in substantially the following form unless an order of the War Production Board affecting a particular item of material requires some other form of certification: Preference Rating______ Abbreviated CMP Allotment Number U-9. The undersigned producer certifies, subject to the penalties of Section 35 (A) of the United States Criminal Code, to the seller and to the War Production Board, that, to the best of his knowledge and belief, the undersigned is authorized under applicable War Production Board regulations or orders to place this delivery order, to receive, for utUity uses under Utilities Order U—1, the material ordered, and to use the preference ratings or allotment numbers which the undersigned has placed on this order. The certifications set forth in Priorities Regulation 3 and CMP Regulations 1 and 5 may not be used but the standard form of certification provided in Priorities Regulation 7 is permissible if the producer adds a statement saying that material ordered is for utility uses under Utilities Order U-l. PAST m—RESTRICTIONS ON ORDERING MATERIAL (e) Scheduling deliveries. Except as permitted by paragraphs (f) and (g) below, no producer shall schedule for delivery to it in any calendar quarter any material to be used for maintenance and repair, as operating supplies, or for minor plant additions, unless both of the following conditions are satisfied: (1) The dollar value of material to be scheduled for delivery together with the dollar value of all material in the same class which has been scheduled for delivery for these uses in the same calendar quarter, does not exceed the quota established in Schedule B, and (2) The producer does not have reason to believe that its inventory of material in the same class is or will, by virtue of its acceptance of the delivery when made, become in excess of a practical working minimum. A practical working minimum inventory is that amount of material which a producer, exercising prudent operating judgment, considers the smallest quantity of material it can hold and render war-time service at minimum standards. It may be less than the values established in Schedule C, but it shall in no case exceed them. Cf) Exceptions to paragraph (e). (1) The restrictions of paragraph (e) do not apply to a producer so long as its inventory does not exceed $10,000 in value, except that such a producer must restrict its inventory to that amount of material which, in the exercise of prudent operating judgment, it considers the smallest quantity it can hold and render war-time service at minimum standards. A producer engaged in furnishing more than one of the services named in paragraph (a) (1) may consider its inventory for each service separately for the purposes of this paragraph. (2) The restrictions of paragraph (e) do not apply to material excepted from inventory by the definition in paragraph (a) (11). (3) If a producer sells material to another producer from its practical working minimum inventory for the repair of an actual breakdown of facilities or equipment it may schedule additional deliveries in the affected classes to the extent necessary to replace the material sold. (4) If a producer’s property has been damaged by acts of the public enemy, sabotage, explosion, fire, flood, storm, or similar contingencies, it may schedule deliveries to the extent necessary to repair the damage. Deliveries scheduled under this exception which are in excess of the producer’s quota must be reported immediately to the War Production Board by letter, with a statement of the reasons why the excess deliveries were necessary. (5) The War Production Board may from time to time establish specific delivery quotas and limits for permissible inventory for individual producers, modifying the provisions of Schedules B and C. (6) The restrictions of paragraph (e) (1) on the dollar value of materia?.! which a producer may schedule for delivery do not apply to material scheduled for delivery from the producer’s own excess inventory, or from the excess inventory of another producer. (g) Short item deliveries. Even though it cannot schedule deliveries without exceeding the limits of paragraph (e) (2), a producer may schedule for delivery material which it will require for use in maintenance and repair, as operating supplies, and for minor plant additions during the ninety-day period following the date it expects to receive such material, so long as all of the following conditions are satisfied: (1) The producer’s inventory of the required material, together with material already scheduled for delivery, will be insufficient to meet requirements during such ninety-day period. (2) All material in all classes of inventory in excess of a practical working minimum is (i) continuously recorded as excess on records kept by the producer for that purpose, (ii) continuously held for sale to financially responsible persons and agencies authorized (under applicable regulations issued by the War Production Board) to accept delivery thereof: and (iii) reported to the War Production Board, when requested by the War Production Board, on Form WPB- 2641, to the extent required by such form, or in such other manner as the War Production Board may prescribe, subject * to the approval of the Bureau of the Budget in accordance with the Federal Reports Act of 1942. PART IV—RESTRICTIONS ON USE OF MATERIAL (h) Restrictions on use of material for maintenance and repair. A job which can be classed as maintenance or repair, as those terms are defined in paragraphs (a) (4) and (5), may be done without regard to the dollar value Of the material required when the following standards are met: (1) The job must be necessary to maintain or restore service at mlnimmq service standards or to prevent damage to facilities from serious overload, deterioration, storm, flood, climate, soil conditions, or similar contingencies. (2) Design must emphasize economy of manpower and material as well as the substitution of the more plentiful for scarce material. ( (3) No facility or part which is serviceable in its existing installation may be replaced except to avoid an imminent breakdown. (i) Restrictions use of material for minor plant additions. A job which is a plant addition, as defined in paragraph (a) (6), rather than maintenance and repair, may be done without special permission from the War Production Board, if it is a “minor plant addition”; that is, if its net material cost does not exceed. $1,500. . Paragraph (a) (9) explains what is meant by net material cost. However, all minor plant additions are ; subject to the following restrictions: (1) No facility or part which is serviceable in its existing installation may be replaced except to avoid an imminent breakdown. (2) Design must emphasize economy of manpower and material as well as the substitution of the more plentiful for scarce material. (3) New facilities must be necessary for rendering service at minimum standards. (4) No extension of a line to consumer premises may be made or connected by a producer unless it is authorized by a Supplementary U-l order or by the approval of an application filed on Form - WPB-2774. In an emergency approval may be obtained by telephone or telegraph. Confirmation must be obtained, however, by the submission of an application on Form WPB-2774. (j) Restrictions on use of material for major plant additions. No material may be used for a major plant addition unless the job has been authorized by a Supplementary U-l Order, such as U-l- h, or by the approval of an application filed on Form WPB-2774. In an emergency approval may be obtained by telephone or telegraph. Confirmation must be obtained, however, by the submission of an application on Form WPB-2774. PART V—SELLING MATERIAL (k) Sales of material. A producer may sell material which is in its practical working minimum or excess inventory or which it acquired for major GPO— War Board 9477— p. 2 ftinnt. additions only in accordance with the following rules: (1) It may be sold to any person to fill an order rated AA—5 or higher unless it is controlled materials. (2) It may be sold without a preference rating to any person if the aggregate dollar value of all sales by the producer to that person during the current calendar quarter does not exceed $100, and if the material is not controlled materials. (3) It may be sold to fill an authorized controlled materials order if it is controlled materials. (4) It may be sold pursuant to a specific written direction from the War Production Board to the seller or to the purchaser. (5) It may be sold without a preference rating or allotment number to a person who produces, or to the person from whom the producer purchased, the material in its present form. (6) It may be sold without a preference rating to a scrap dealer as scrap. (7) It may be sold without a preference rating to a used equipment dealer, if it is used equipment. (8) It may be sold without a preference rating or allotment number to the Army, Navy, Maritime Commission, or a public housing authority for the repair of an actual or threatened breakdown of their electric, gas, water or central steam heating facilities. (9) The restrictions on sales in Priorities Regulations 1 and 13 do not apply to. s&les by producers made under this paragraph. (10) The provisions of Limitation Orders L-94 and L-102 relating to transfers of electric generating equipment, L-196 relating to transfers of used construction machinery, and Utilities Order U-7 relating to transfers of gas equipment must be observed. (1) Refusal to sell to other producers. Any producer may, by specific direction from the War Production Board, be prohibited from applying or extending preference ratings assigned by this order or by any other certificate or order, upon a determination by the War Production Board, that such producer has wilfully Refused to sell (after receiving a bona fide offer to purchase at not less than yntystimiim prices established by regulations of the Office of Price Administration, made by any financially responsible producer who is authorized—under applicable regulations—to accept delivery of the material specified in such offer) the following material: (1) Material which is in inventory in excess of a practical working minimum, unless the value of the material requested is less than $100, and (2) Material which is included in practical working minimum inventory when such material is required by another producer for the repair of an actual breakdown of facilities or equipment. PART VI—INVENTORY REDISTRIBUTION (m) Placing orders through Regional Utility Engineers. Except in an emergency no producer may transmit to any supplier other than another producer an order totaling $100 or more for the delivery, of any item of material (including material for major plant additions) listed in Schedule D of this order without first obtaining a statement from the Regional Utility Engineer in his region or from the Office of War Utilities in Washington, that such material is not reasonably available in the excess inventory of another producer. This statement shall be secured by filing an inquiry, in duplicate, with the regional utility engineer, in letter form or by using the producer’s own price inquiry forms, stating (1) the quantity of each item required and (2) a description of the item. An oral or telephonic statement will be sufficient for the purposes of this paragraph, provided that written confirmation is promptly obtained. PART vn—GENERAL PROVISIONS (n) Appeals. Relief from any of the ’ strictions of this order may be requested by Ailing a letter with the War Production Board, Office of War Utilities, Washington, D. C., Ref.: U-l, stating the reasons why relief is necessary. If the relief requested involves a request to -make a plant addition, the request should be filed on Form WPB-2774. (o) Records. In addition to the records required to be kept under Priorities Regulation 1, each producer who applies the preference ratings or allotment number hereby assigned shall maintain a continuing record of inventory and of segregated material in his possession. (p) . Communications to War Production Board. All reports required to be filed hereunder and all communications concerning this order, shall, unless otherwise directed, be addressed to: Office of War Utilities, War Production Board, Washington 25, D. C., Ref.: U-l. (q) Violations. Any person who wilfully violates any provision of this order, or who, in connection with this order, wilfully conceals a material fact or furnishes false information to any department pr agency of the United States, is guilty of a crime, and upon conviction may be punished by fine or imprisonment. In addition, any such person may be prohibited from making or obtaining further deliveries of, or from processing or using, material under priorities control and may be deprived of priorities, assistance. (r) Applicability of WPB regulations. This order and all transactions affected hereby are subject to all applicable regulations of the War Production Board, as amended from time to time, unless there is a conflict between this order and such regulations, in which case this order shall govern, if it specifically so provides. No producer is, however, subject to the restrictions of CMP Regulation 5 nor may any producer in any way use the preference ratings therein assigned. (s) Special delivery quota and inventory directions. Nothing in this order is intended to supersede any special quota for scheduled deliveries or any special inventory base established by a specific direction from the War Production Board to a named producer. All such directions shall remain in effect unless modified by a further specific direction to the producer affected. Issued this 22d day of January 1944. War Production Board, By J. Joseph Whelan, Recording Secretary. PART vm—SCHEDULES Schedule A MATERIAL CLASSES Material In the Inventory of any producer which has an inventory, as defined In paragraph (a) (11), in excess of $10,000 shall he carried on the producer’s own records and reported to the War Production Board as may be required, classified as follows: WATER PRODUCntS Class 1—Material for sources of supply, water treatment plants, reservoirs, elevated 'and pressure tanks, pumping and booster stations, including related pipe, valves, valve parts, and fittings. Class 2—Meters. Class 3—Transmission and distribution material (excluding meters), such as cast iron, steel, and wrought iron pipe, copper and brass pipe and tubing, lead pipe, pipe fittings, valve and valve parts, hydrants, parts for meters and hydrants, and other transmission and distribution material and supplies except pipe, valves, valve parts, and fittings Included in Class 1 above. Class 4—Other material and supplies. GAS PRODUCERS Class 1—Production and pumping station material. Class 2—Meters and house regulators. Class 3—Transmission and distribution material (excluding meters and house regulators) , such as cast iron, steel and wrought iron pipe, copper and brass pipe and tubing, pipe fittings, valves, and valve parts, governors and regulators, parts for meters, regulators, and governors, other transmission and distribution material and supplies. Class 4—Other material and supplies. ELECTRIC POWER PRODUCERS Class 1—Generating station material such as electrical equipment, parts, and materials, and other material and supplies. Class 2—Switching and substation material, such as power transformers, other station equipment, parts, and material, and other material and supplies. Class 3—Wire, cable, and bus bar, such as bare copper and aluminum, weatherproof copper, underground cable, aluminum and copper shapes. Class 4—Wood poles and cross arms. Class 5—Meters. Class 6—Other transmission and distribution material, such as iron and- steel poles, towers, and parts, line hardware—overhead and underground, distribution transformers, meter and transformer parts, and other line material and equipment (Including insulators, lightning arrestors, etc.) Class 7—Other material and supplies. CENTRAL STEAM HEATING PRODUCERS Class 1—Production plant material. Class 2—Transmission and distribution material and other material and supplies. Schedule B DELIVERY QUOTAS To compute the delivery quota (not applicable to producers having Inventories of $10,000 or less because they are exempted by GPO— War Board 9477— p. 3