import natural gas from a foreign country for the same use, or to prevent 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NOTE: Executive Order No. 8202 was revoked and superseded by Executive Order No. 10485, Sept. 3, 1953, 18 FR 5397; 3 CFR, 1949-1953 Comp., p. 970.

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

§ 154.1 Application; obligation to file.

On and after December 1, 1948 every natural-gas company shall file with the Commission and post in conformity with the requirements of this part, schedules showing all rates, and charges for any transportation or sale of natural gas subject to the jurisdiction of the Commission and the classifications, practices, rules and regulations 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.

DEFINITIONS

§ 154.11 Rate schedule.

The term "rate schedule" means a statement of a rate or charge for a particular classification of transportation or sale of natural gas subject to the jurisdiction of the Commission, and all terms, conditions, classifications, practices, rules and regulations affecting such rate or charge. This term also includes any contract for which special permission has been obtained in accordance with § 154.52.

§ 154.12 Contract.

The term "contract" means any agreement which in any manner affects or relates to rates, charges, classifications, practices, rules, regulations or services for any transportation or sale of natural gas subject to the juris

Idiction of the Commission. This term includes an executed service agreement.

§ 154.13 Service agreement.

The term "service agreement" means an unexecuted form of agreement for service under a natural-gas company's tariff.

§ 154.14 Tariff or FPC gas tariff.

The term "tariff" or "FPC gas tariff" means a compilation, in book form, of all of the effective rate schedules of a particular natural-gas company, and a copy of each form of service agreement.

§ 154.15 Filing date.

The term "filing date" means the day on which a tariff or part thereof or a contract is received in the office of the Secretary of the Commission for filing in compliance with the requirements of this part.

§ 154.16 Posting.

The effective tariff of a natural-gas company shall be the tariff filed pursuant to the requirements of this part, and permitted by the Commission to become effective. No natural-gas company 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 Commission, or impose any classifications, practices, rules or regulations, different from those prescribed in its effective tariff and executed service agreements 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 § 154.51. Provided, however, That no natural-gas company shall file under this part any new rate schedule or contract for the performance of any service for which a certificate of public convenience and necessity must be obtained pursuant to section 7(c) of the Natural Gas Act, until such certificate has been issued. Nothing herein shall be construed as preventing the natural-gas company from entering into any such agreement prior to the granting of such a certificate.

§ 154.23 Acceptance for filing not approval.

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 informally 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 contracts, or parts thereof, and material related thereto, including any change in rates, notices of cancellation or termination, 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

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 protest said filing should file a petition to intervene 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 determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a peti

tion to intervene. Copies of this filing are on file with the Commission and are available for public inspection.

[Order 488, 38 FR 20070, July 27, 1973]

FORM AND COMPOSITION OF TARIFF

§ 154.31 Application.

Sections 154.32 through 154.41 after December 1, 1948 are applicable to all rate schedules thereafter filed or restated, except that such sections are only partially applicable, to rate schedules filed under § 154.52. (A form of an assembled tariff is available upon request.)

§ 154.32 Form, type, and size.

The tariff shall be printed, typewritten or otherwise reproduced on 81⁄2 by 11 inch sheets of a durable paper so as to result in a clear and permanent record. The sheets of the tariff shall be ruled to set off borders of 11⁄4 inches on top, bottom and left sides and 1⁄2 inch on the right side, punched on the left side and assembled in a binder.

§ 154.33 Binder, title page and arrange

ments.

(a) The binder shall show on the front cover:

FPC Gas Tariff

Original Volume No. 1
of

(Name of Natural-Gas Company)

Filed with

Federal Power Commission

If it is advisable to submit the tariff in two or more volumes, the volumes shall be identified by "Original Volume No. 1", "Original Volume No. 2", etc., directly below the words "FPC Gas Tariff." Rate schedules for which special exception has been obtained under § 154.52 may be filed in a separate volume as part of the tariff.

(b) When any volume of a tariff is to be superseded or replaced in its entirety, the replacing volume shall show prominently on the binder and the title page the volume number being

superseded or replaced, as for example:

FPC Gas Tariff

First Revised Volume No. 1 (Supersedes Original Volume No. 1)

(c) The first page shall be a title page which shall carry the information shown on the cover and, in addition, the name, title, and address of the person to whom communications concerning the tariff should be sent.

(d) All sheets except the title page shall have the following information placed in the margins:

(1) Identification. At the left above the top marginal ruling, the exact name of the company shall be shown, under which shall be set forth the words "FPC Gas Tariff," together with volume identification where applicable.

(2) Numbering of sheets. At the right above the top marginal ruling, the sheet number shall appear after the words "Original Sheet No.

All sheets in the originally filed tariff shall be numbered consecutively beginning with the table of contents as "Original Sheet No. 1".

(i) Revised or superseding sheets shall be numbered "Revised Sheet No. " below which shall appear "Superseding Sheet No.

The first blank above shall show the number of the revision (i.e., First, Second, etc.) and the sheet number shall be the same as the sheet replaced. The third and fourths blanks shall be filled according to the numbering of the sheet replaced.

(ii) Sheets which are to be inserted between two consecutively numbered sheets shall be designated "Original Sheet No. --," with the blank space filled with the appropriate number and a letter to indicate an insertion. Illustration: Three sheets which would come between original sheets 8 and 9 would be designated “Original Sheet No. 8A," "Original Sheet No. 8B," and "Original Sheet No. 8C."

(3) Issuing officer and issue date. On the left below the lower marginal ruling, shall be placed "Issued by:" followed by the name and title of the