upr000043 40

(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 shall be deemed an authorized con­trolled materials 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 utility uses under Utilities Order U-l, 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. PART 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. (f) 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 materials 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 (ill) 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 WarX 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 OP 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 minimum 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 on 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 fdr 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 I 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, I however, by the submission of an appli- cation 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 (jl’O -W u r Board 0477— p. 2 ^hant 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 maximum 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 pro? ducer 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 filling 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 or 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 VIU—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 be carried on the producer’s own records and reported to the War Production Board as may be required, classified as follows: WATER PRODUCERS Class 1—Material tor 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. 0AS 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 OPO— War Board 0477— p. 8