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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 of natural gas (1) will not be inconsistent with the public interest and (2) will not in any way impair the ability of applicant to render natural gas service at reasonable rates to its customers in the United States.

[Order 141, 12 FR 8596, Dec. 19, 1947, as amended by Order 317, 31 FR 432, Jan. 13, 1966]

§ 153.4 Required exhibits.

(a) There shall be filed with the application and as a part thereof the following exhibits:

Exhibit A. Photostatic or certified copy of articles of incorporation and by-laws of applicant company;

Exhibit B. A detailed statement of the financial and corporate relationship existing between applicant and any other person or corporation;

Exhibit C. Statement, including signed opinion of counsel, showing that the exportation or the importation of natural gas is within the corporate powers of applicant, and that applicant has complied with State laws and with the rules and regulations of State regulatory authorities in the State or States in which applicant operates;

Exhibit D. If the application is for authority to export natural gas, copy of the contract or contracts with purchasers in the foreign country of the natural gas proposed to be exported by applicant;

Exhibit E. If the application is for authority to import natural gas, copy of the contract or contracts with the producer or seller in the foreign country of the natural gas proposed to be imported;

Exhibit F. A general or key map on a scale not greater than 20 miles to the inch, showing the physical location of the facilities utilized in the applicant's proposed export or import operations. The map should indicate with particularity the ownership of such facilities at or on each side of the border be

tween the United States and the foreign country.

(b) Any exhibit required by this section already on file with the Commission may be incorporated by reference.

§ 153.5 Other information.

The applicant shall furnish such additional information as the Commission may deem pertinent.

§ 153.6 Transferability.

(a) Authorizations to export natural gas from the United States to a foreign country or to import natural gas from a foreign country granted by order of the Commission under §§ 153.1 to 153.5 inclusive pursuant to section 3 of the Natural Gas Act shall not be transferable or assignable. The Commission order granting the authorization may, however, provide that the authorization shall continue in effect temporarily for a reasonable time in the event of the involuntary transfer of facilities used thereunder by operation of law (including such transfers to receivers, trustees, or purchasers under foreclosure or judicial sale) pending the making of an application for permanent authorization and decision thereon, provided notice is promptly given in writing to the Commission accompanied by a statement that the physical facts relating to sufficiency of supply, rates, and nature of use remain substantially the same as before the transfer and as stated in the initial application for such authorization.

(b) The Commission may also, at any time subsequent to the original order of authorization, from time to time, after opportunity for hearing, make such supplemental orders in the premises as it may find necessary or appropriate.

§ 153.7 Authorization not exclusive.

No authorization granted pursuant to section 3 of the Natural Gas Act shall be deemed to prevent authorization being granted to any other person to export natural gas from the United States to a foreign country or to import natural gas from a foreign country for the same use, or to pre

vent any other person from making application for such authorization.

§ 153.8 Filing of contracts, rate schedules, etc.

Persons authorized to export natural gas from the United States to a foreign country or to import natural gas from a foreign country shall file two full and complete copies of every contract and the amendments thereto, presently or hereafter effective, for such export or import, together with all rate schedules, agreements, leases or other writings, tariffs, classifications, rules and regulations relative to such export or import in the manner specified in Part 154 of this chapter, except that the requirements of § 154.31 through § 154.41 shall not be applicable.

(Sec. 4, 52 Stat. 822; 15 U.S.C. 717c) [Order 144, 13 FR 6372, Oct. 30, 1948; 13 FR 6838, Nov. 20, 1948]

APPLICATION for ConsTRUCTION, OPERATION, MAINTENANCE, OR CONNECTION AT INTERNATIONAL BOUNDARY, OF FACILITIES FOR EXPORTATION OR IMPORTATION OF NATURAL GAS

§ 153.10 Who shall apply.

Any person, firm, or corporation contemplating the construction of, or who is operating or maintaining facilities at the borders of the United States, for the exportation or the importation of natural gas to or from a foreign country, shall file with the Commission an application for a Presidential Permit, in compliance with Executive Order 8202, dated July 13, 1939. In connection with applications hereunder, attention is directed to the provisions of §§ 153.1 to 153.5, inclusive, relative to applications for authorization to export or import natural gas to or from a foreign country under section 3 of the Natural Gas Act.

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

§ 153.11 Contents of application; number of copies; filing fee.

An original and 9 conformed copies of an application under this section

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. 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) Information regarding applicant; (1) The exact legal name of applicant;

(2) The name, title, and post office address of the person to whom correspondence in regard to the application shall be addressed;

(3) If applicant is a corporation: Copy of articles of incorporation and bylaws; the amount and classes of capital stock; nationality of officers, directors, and stockholders, and the amount and class of stock held by each;

(4) Is applicant company, or its transmission lines, owned wholly or in part by any foreign government or directly, or indirectly subventioned by any foreign government; or, has applicant company any understanding for such ownership or by subvention from any foreign government; if so give full details;

(b) A general or key map on a scale not greater than 20 miles to the inch, showing the physical location and giving a full description of the facilities employed, or to be employed in the exportation or importation of natural gas at the international boundary. The map should indicate with particularity the ownership of such facilities at or on each side of the border between the United States and the foreign country.

(c) Statement describing every existing contract that applicant has with a foreign government, or private concerns, which in any way relate to the control or fixing of rates for the purchase, sale or transportation of natural gas and which may serve in any way to restrict or prevent competing American companies from extending their activities; also, attach certified copies of such contracts;

(d) Copies of every landing license, or permit, which has been granted applicant, or any predecessor, by a foreign government or by any of its agen

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§ 154.1 Application; obligation to file.

On and after December 1, 1948 every
natural-gas company shall file with
the Commission and post in conform-
ity with the requirements of this part,
schedules showing all rates, and
charges for any transportation or sale
of natural gas subject to the jurisdic-
tion of the Commission and the classi-
fications, practices, rules and regula-
tions affecting such rates, charges and
services, together with all contracts in
any manner affecting or relating
thereto: Provided, however, That all
such presently effective schedules
filed with the Commission before the
aforesaid date shall be restated as set
forth in § 154.82 to conform with the
following rules and regulations, and
filed and posted on or before the dates
specified in § 154.83.

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The effective tariff of a natural-gas
company shall be the tariff filed pur-
suant to the requirements of this part,
and permitted by the Commission to
become effective. No natural-gas com-
pany shall directly or indirectly,
demand, charge or collect any rate or
charge for or in connection with the
transportation or sale of natural gas
subject to the jurisdiction of the Com-
mission, or impose any classifications,
practices, rules or regulations, differ-
ent from those prescribed in its effec-
tive tariff and executed service agree-
ments on file with the Commission,
unless otherwise specifically provided
by order of the Commission.

§ 154.22 Notice requirements.

All tariffs, and contracts or any
parts thereof shall be filed with the
Commission and posted not less than
thirty days nor more than sixty days
prior to the proposed effective date
thereof unless a different period of
time is permitted by the Commission
in accordance with § 154.5: Provided,
however, That no natural-gas company
shall file under this part any new rate
schedule or contract for the perform-
ance of any service for which a certifi-
cate of public convenience and necessi-
ty must be obtained pursuant to sec-
tion 7(c) of the Natural Gas Act, until
such certificate has been issued. Noth-
ing herein shall be construed as pre-
venting the natural-gas company from
entering into any such agreement
prior to the granting of such a certifi-
cate.

§ 154.23 Acceptance for filing not approv-
al.

The acceptance for filing of any
tariff, contract or part thereof is not
to be considered as approval by the
Commission.

§ 154.24 Rejection of material submitted
for filing.

The Commission reserves the right
to reject any material submitted for
filing which fails to comply with the
requirements set forth in this part.

§ 154.25 Informal submission for staff
suggestions.

Any natural-gas company may infor-
mally submit a tariff or any part
thereof or material relating thereto
for the suggestions of the staff of the
Commission prior to filing.

§ 154.26 Number of copies to be supplied.

All tariffs, rate schedules, and con-
tracts, or parts thereof, and material
related thereto, including any change
in rates, notices of cancellation or ter-
mination, and certificates of adoption,
shall be supplied to the Commission in
six copies. All copies are to be included
in one package, together with six
copies of the letter of transmittal and
all other materials and information re-
quired by these regulations, and ad-

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Take notice that (name of company), on
(date), tendered for filing proposed changes
in its FPC Gas Tariff, Volume No.
(number). [The following language in the
first paragraph applies only to increased
rate filings.] The proposed changes would
increase revenues from jurisdictional sales
and service by (dollar amount) based on the
12 month period ending (date), as adjusted.
[If changes other than increased rates and
charges are proposed, the company shall
state concisely the nature of these changes.]

[The company shall briefly describe the
reasons for the proposed changes in the
second paragraph.]

Copies of the filing were served upon the
company's jurisdictional customers (other
parties the company served, inter alia. state
regulatory commissions, other government
agencies, etc.).

Any person desiring to be heard or to pro-
test said filing should file a petition to inter-
vene or protest with the Federal Power
Commission, 825 North Capitol Street, NE,
Washington, D.C. 20426, in accordance with
Sections 1.8 and 1.10 of the Commission's
rules of practice and procedure (18 CFR 1.8,
1.10). All such petitions or protests should
be filed on or before
Protests

will be considered by the Commission in de-
termining the appropriate action to be
taken, but will not serve to make protes-
tants parties to the proceeding. Any person
wishing to become a party must file a peti-
tion to intervene. Copies of this filing are on

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