152.2 Form of application; number of copies; service.

152.3 Contents of application; filing fee. 152.4 Certificate from State Commission. 152.5 Applicability of exemption.

AUTHORITY: The provisions of this Part 152 issued under secs. 3, 16, 52 Stat. 822, 830; 15 U.S.C. 717b, 7170, unless otherwise noted. § 152.1 Who may apply.

Application for exemption from the provisions of the Natural Gas Act and the rules and regulations of the Commission issued pursuant thereto may be made by any person as defined in the Natural Gas Act engaged in, or authorized to engage in the transportation in interstate commerce or the sale in interstate commerce for resale, of natural gas received by such applicant from another person within or at the boundary of a State, if all of the natural gas so received is ultimately consumed in such State: Provided, That the natural-gas rates (including rates for sales for resale) and service of the applicant and its naturalgas facilities are subject to regulation by a State Commission, as defined in the Natural Gas Act, and that such State Commission is exercising that jurisdiction.

(Sec. 1(c), 68 Stat. 36; 15 U.S.C. 717(c)) [Order 306, 30 F.R. 12729, Oct. 6, 1965]

§ 152.2 Form of application; number of copies; service.

An original and 7 conformed copies of an application under this part shall be furnished to the Commission and shall conform in all other respects with 88 1.15 and 1.16 of this chapter. The Commission reserves the right to request additional copies. A copy of the application shall be served on the State Commission which has jurisdiction over the applicant and upon each wholesale customer of the applicant.

(Sec. 1(c), 68 Stat. 36; 15 U.S.C. 717(c)) [Order 306, 30 F.R. 12729, Oct. 6, 1965]

§ 152.3 Contents of application; filing fee.

Every application shall be accompanied by the fee prescribed in Part 159 of this subchapter and shall set forth in the order indicated, the following:

(a) The exact legal name of applicant.

(b) The name, title, and postoffice address of the person to whom correspondence in regard to the application shall be addressed.

(c) A statement of pertinent facts as to the existing service, if any, or authorized service by applicant, including a showing that all of the natural gas which applicant receives from out-of-State sources is and will be ultimately consumed within the State in which the operations sought to be exempted are conducted.

[Order 173, 19 F.R. 4276, July 13, 1954, as amended by Order 317, 31 F.R. 432, Jan. 13, 1966]

§ 152.4 Certificate from State Commission.

Applications for exemption under § 152.3 shall contain, or there shall be separately filed, a certificate from the appropriate State Commission that the natural-gas (a) rates (including rates for sales for resale), (b) service, and (c) facilities of the applicant are subject to the regulatory jurisdiction of the State Commission and that the State Commission is exercising such jurisdiction. Sec. 1(c), 68 Stat. 36; 15 U.S.C. 717(c)) [Order 306, 30 F.R. 12729, Oct. 6, 1965]

§ 152.5 Applicability of exemption.

Nothing in this part shall be construed to relieve any person exempted from the provisions of the Natural Gas Act by section 1(c) thereof from compliance with valid State regulatory requirements. If an exemption from the provisions of the Natural Gas Act is effective pursuant to section 1(c), the exempted person shall be responsible for calling to the attention of the State Commission by which it is regulated and of the Federal Power Commission any future operations in which it may engage which may make the exemption inapplicable to it. The exempted person shall also be responsible for calling to the attention of the Federal Power Commission any changes, amendment, or judicial or

AUTHORITY: The provisions of this Part 153 issued under secs. 3, 16, 52 Stat. 822, 830; 15 U.S.C. 717b, 7170; E.O. 10485, 3 CFR, 1949— 1953 Comp., p. 970, unless otherwise noted.

SOURCE: The provisions of this Part 153 contained in Order 141, 12 F.R. 8596, Dec. 19, 1947, unless otherwise noted.

§ 153.1 Who shall apply.

(a) Any person proposing to export natural gas from the United States to a foreign country or to import natural gas from a foreign country, pursuant to the provisions of section 3 of the Natural Gas Act, shall make an application for authorization therefor under this part.

(b) In connection with applications under this section, attention is directed to the provisions of §§ 153.10 to 153.12, inclusive, relative to applications for Presidential Permits for the construction, operation, maintenance, or connection, at the borders of the United States, of facilities for the exportation and importation of natural gas to or from a foreign country in compliance with Executive Order No. 8202, dated July 13, 1939.

[Order 160, 16 F. R. 6751, July 12, 1951]

NOTE: Executive Order No. 8202 was revoked and superseded by Executive Order No. 10485, Sept. 3, 1953, 18 F.R. 5397; 3 CFR, 1949-1953 Comp., p. 970.

§ 153.2 Form and time of filing; number of copies.

An original and 7 conformed copies of an application under this part shall be furnished to the Commission and shall conform in all other respects with §§ 1.15 and 1.16 of this chapter. The Commission reserves the right to request additional copies. Such application shall be made at least 30 days in advance of the proposed exportation or importation, except where otherwise ordered by the Commission for good cause shown.

[Order 196, 22 F. R. 2882, Apr. 24, 1957] § 153.3 Contents of application; filing

fee. Every application shall be accompanied by the fee prescribed in part 159 of this subchapter and shall set forth in the order indicated, the following:

(a) The exact legal name of applicant; (b) The name, title, and post office address of the person to whom correspondence in regard to the application shall be addressed;

(c) If a corporation, the State or Territory under the laws of which the applicant was organized, and the town or city where applicant's principal office is located. If applicant is incorporated under the laws of, or authorized to operate in more than one State, all pertinent facts should be stated;

(d) A statement giving the name and location of the field or fields in which the gas proposed to be exported or imported is produced and the most recent estimate of the remaining natural-gas reserves in such field or fields;

(e) If the application is for authority to export natural gas, state the name of the purchaser of the gas proposed to be exported, its proposed use in the foreign country, and the rate or rates proposed to be charged the purchaser for such gas, together with the rate or rates charged by the applicant for similar service, if rendered in the United States;

(f) If the application is for authority to import natural gas, state the name of the seller and of the producer of the gas proposed to be imported, and the rate or rates proposed to be paid by the applicant for the said gas;

(g) A description of the facilities utilized in the proposed exportation or the importation of natural gas;

(h) A statement of the reasons why the proposed exportation or importation