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carbon dioxide with the B.t.u. measured by the volumes of gas only. (e) Prior to July 1, 1976, any seller seeking to charge a rate in excess of the applicable area rate or requesting a change in the applicable area rate must file a petition for waiver or amendment of this section pursuant to § 1.7(b) of the Commission's rules of practice and procedure in this chapter (18 CFR 1.7(b)) fully justifying the relief sought in the light of this opinion and order. Prior to July 1, 1976, the seller may not file any rate increase in excess of the applicable area rate herein prescribed unless and until the Commission grants the petition.
[36 FR 22675, Nov. 27, 1971, as amended by Opinion 607-A, 37 FR 5940, Mar. 23, 1972]
§ 154.109b Area rates—Rocky Mountain
(a) The Rocky Mountain area Consists of the following production subareas: Aneth Field Subarea—Includes that part of San Juan County, Utah, lying within T. 39 through 43 S., R. 18 through 26E. and T. 38 S., R. 20 and 21E.; and that part of Apache County, Arizona, lying within T. 41N., R. 28E., 29E., 30., and 31E.; San Juan Basin Subarea—Consists of San Juan, Rio Arriba, McKinley and Sandoval Counties, New Mexico; and Montezuma, La Plata, Archuleta, Mineral, Hinsdale, San Juan, Dolores, San Miguel, Ouray and Montrose Counties, Colorado; Uinta-Green River Basin Subarea—Includes Albany, Carbon, SweetWater, Sublette, Lincoln and Uinta Counties, Wyoming; Summit, Daggett, Uinta, Duchesne, Wasatch, Carbon, Emery and Grand Counties, Utah; and Mesa, Garfield, Rio Blanco, Moffat and Routt Counties, Colorado; ColoradoJulesburg Basin Subarea—Consists of the remaining Colorado counties; Platte, Laramie and Goshen Counties, Wyoming; and Kimball, Cheyenne, Deuel, Garden, Morrill, Banner, Scotts Bluff, Sioux, Box Butte, Dawes and Sheridan Counties, Nebraska; MOntana-Wyoming Subarea—Includes the remaining counties in Wyoming and Park, Sweet Grass, Stillwater, Carbon, Big Horn, Yellowstone, Treasure, Rosebud and Powder River Counties, MOntana; and Montana-Dakota Subarea—
Consists of the entire State of North Dakota; Harding, Perkins, and Butte Counties, South Dakota; and Glacier, Pondera, Teton, Cascade, Meagher, Wheatland, Golden Valley, Musselshell, Garfield, Custer, and Carter Counties, Montana, together with the remaining Montana counties lying north and east of the counties listed.
(b) No rate or charge made, demanded or received under a rate schedule filed pursuant to this part for gas produced in the Rocky Mountain area shall exceed the following rate measured at 14.73 lb/in *a and 60° F, but shall be subject to British thermal units adjustments below 1,000 Btu and above 1,050 Btu excluding States production or severance taxes or charges
24.0c/M ft *for gas produced in the Rocky Mountain area and sold under contracts dated prior to October 1, 1968, and produced from wells commenced on or before December 31, 1972.
(c) A minimum rate for natural gas produced and sold in the Rocky Mountain area is 15c/M ft * at 14.73 lb/in "a and 60° F, subject to British thermal units adjustments, below 1,000 Btu and above 1,050 Btu, including all additive charges and adjustments and State production taxes, and increases to such minimum rate filed after the date of this Order Will be granted notwithstanding contractual provisions to the contrary which are hereby modified pro tanto.
(d) No rate or charge, made, demanded, or received under a rate Schedule filed pursuant to this part for gas produced in the Rocky Mountain Area shall exceed 35.0 cents per Mcf measured at 14.73 psia and 60° F, Subject to adjustment upward and downward Btu adjustment on a proportional basis from a base Btu content of 1,000 Btu's per cubic foot measured on a Saturated basis, and exclusive of all State or Federal production, Severance, or similar taxes, and sold under Contracts dated on or after OCtober 1, 1968, for wells commenced prior to January 1, 1973. This rate shall also be subject to a gathering allowance not to exceed 1.0 cent per Mcf where delivery is made to the buyer at a central point in the field,
the tailgate of a processing plant, or a point on the buyer's pipeline. [Opinion No. 658, 38 FR 9810, Apr. 20, 1973, as amended by Opinion No. 699-H, 39 FR 43215, Dec. 11, 1974)
$ 154.110 Applicability of 88 154.92
through 154.102. Sections 154.92 through 154.102 shall apply only to those persons specified in § 154.91 and shall not apply to small producer sales which are exempted under $ 157.40 of this chapter. Order 428, 36 FR 5601, Mar. 25, 1971)
PART 155—CONTRACTS AND RATE
SCHEDULES FOR DIRECT INDUSTRIAL SALES
§ 155.1 Contracts and rate schedules for
direct industrial sales. (a) Every natural gas company shall furnish to the Commission two full and complete copies of every contract and every amendment thereto, presently or hereafter effective, for the direct sale of natural gas to industrial
Istrial consumers for consumption where such contract involves the sale of 50,000 Mcf or more per year, together with all rate schedules, agreements, leases, writings or other understandings, services and rules, and regulations relative to such sale. Such submittals shall include the docket number(s) of the certificate proceeding(s) in which the transportation and delivery were authorized for the particular sale and shall be made within 60 days after issuance of the certificate, or execution of the contract or amendment thereto, whichever occurs later. When any contract now on file or hereafter furnished is renewed or extended on identical terms except as to the period during which it is to be in effect, the natural gas company may, in lieu of furnishing copies of such renewal or extension agreement, within 60 days, notify the Commission of such renewal or extension by letter, in duplicate, stating the date of the renewal or extension agreement and the period during which it is to be in effect.
(b) On or before September 1, 1965, every natural gas company shall furnish to the Commission a list, in duplicate, of every contract theretofore tendered to the Commission pursuant to this Part 155, which is effective as of the date of submittal of the list. Such list shall include the docket number(s) of the certificate proceeding(s) in which the transportation and delivery were authorized for the particular sale, the name of the buyer thereunder and date of the contract. When any of the listed contracts, or any contract subsequently tendered to the Commission pursuant to this Part 155, is canceled or terminated by its own terms (whether superseded by a new contract or not), the natural gas company shall so advise the Commission within 60 days of such cancellation or termination by letter, in duplicate, identifying the contract being canceled or terminated and the date of such cancellation or termination.
(c) Every natural gas company shall furn furnish to the Commission, in duplicate, by May 1 of each year, a list of all direct industrial sale customers using 3,000 Mcf or more during any of the 12 months ended with the preceding calendar year, but less than 50,000 Mcf during the 12 months ended with the preceding calendar year, showing the docket number(s) of the proceeding(s) authorizing the transportation of natural gas and facilities, if any, necessary for each particular sale, name, and location of purchaser, type of service such as firm or interruptible, and the maximum monthly use during the 12 months ended with the preceding calendar year. (Secs. 10, 16, 52 Stat. 826, 830; 15 U.S.C. 7171, 7170) (Order 300, 30 FR 8332, June 30, 1965; 30 FR 12451, Sept. 30, 1965)
PART 156-APPLICATIONS FOR
ORDERS UNDER SECTION 7(a) OF
Sec. 156.1 Who may apply. 156.2 Purpose and intent of rules. 156.3 Applications; number of copies; gen.
eral requirements. 156.4 Form of exhibits to be attached to
Any person or municipality as defined in section 2 of the Natural Gas Act engaged or legally authorized to engage in the local distribution of natural or artificial gas to the public may file with the Commission an application pursuant to the provisions of Section 7(a) of the Natural Gas Act for an order of the Commission directing a natural gas company to extend or improve its transportation facilities, to establish physical connection of its transportation facilities with the facilities of, and sell natural gas to Such person or municipality, and for such purpose to extend its transportation facilities to communities immediately adjacent to such facilities or to territory served by such natural gas COmpany.
§ 156.2 Purpose and intent of rules.
(a) Applications filed pursuant to the provisions of section 7(a) of the Natural Gas Act shall contain all information necessary to advise the Commission fully concerning the applicant, the service which applicant requests the Commission to direct the natural gas company to render together with a description of any improvement or extension of facilities which , the natural gas company Would be required to make in connection with the rendition of the service, applicant's present and proposed operations, construction, service, and sales together with a description of any extension or improvement of facilities by applicant which would be required to enable applicant to engage in the local distribution of natural gas.
(b) Every requirement of this part shall be considered as an obligation (2) Applicant's principal place of business; whether applicant is an individual, corporation or municipality as defined in section 2 of the Natural Gas Act; State under the laws of which applicant is incorporated, organized or authorized; and the name, title, and mailing address of the person or perSons to whom communications conCerning the application are to be addressed. (3) The facts relied upon by applicant to show that the proposed extenSion or improvement of transportation facilities, physical connection of facilities or service and Sale of natural gas are necessary or desirable in the public interest. (4) A concise description of appliCant's operations, if any, at the time the application is filed. (5) A concise description of appliCant's proposed operations, construction, service and sales together with a description of any extension or improvement of facilities by applicant Which would be required to enable applicant to engage in the local distribution of natural gas and including the proposed dates for the beginning and Completion of construction and commencement of operations. (6) A full statement concerning and description of any certificate of public Convenience and necessity, franchise or other authorization which appliCant has applied for or received from any State commission or municipality Covering its proposed operations. (7) A full statement as to whether any other application must be or is to be filed by applicant with any other Federal or State body, or other political subdivision or agency of a State to enable applicant to engage in the local distribution of natural gas in the territory it proposes to serve. (8) Each application shall contain a table of contents which shall list all exhibits and documents filed in compliance with $$156.1 through 156.2, as Well as other documents and exhibits filed therewith, identifying them by their appropriate titles and alphabetical letter designations specified in $156.5. The alphabetical designation Specified in § 156.5 must be adhered to strictly and any additional exhibits
upon the applicant which can be avoided only by a definite and positive showing that the information or data required by the applicable section of the regulations is not necessary to the consideration and ultimate determination of the application.
(c) This part will be strictly applied to all applications as submitted and the burden of adequate presentation in understandable form as well as justification for omitted data or information rests with the applicant.
(d) Under this part, the natural gas company from which applicant is seeking the service is a party respondent to the proceeding.
§ 156.3 Applications; number of copies; general requirements.
(a) Applicable rules. An original and 7 conformed copies of an application under this part shall be filed with the Commission. The Commission reserves the right to request additional copies. In all other respects applications shall conform to the requirements of §§ 156.1 through 156.5, and applicable requirements of the Commission's rules of practice and procedure, particularly $$ 1.5, 1.15, 1.16, and 1.17 of this chapter. Amendments to or withdrawals of applications shall be filed in accordance with the requirements of § 1.11 of this chapter.
(b) General content of application; filing fee. Except as provided in paragraph (d) of this section, each application shall be accompanied by the fee prescribed in Part 159 of this Subchapter and shall set forth the following information:
(1) The exact legal name of the applicant; the name of the natural gas Company (respondent) from which applicant is seeking an extension or improvement of transportation facilities, physical connection of facilities or Service of natural gas together with a concise description of the extension, improvement, physical connection of facilities or service sought from such company including the estimated volumes of natural gas involved to meet annual and maximum day requirements for the estimated first three years of proposed operation.
submitted on applicant's own volition, pursuant to § 156.5(b) shall be designated in sequence under the letter designation Z (Z1, Z2, Z3, etc.). Together With each exhibit applicant shall set forth a full and complete explanation of the data submitted, the manner in which it was obtained, and the reasons for the conclusions which are derived therefrom.
(c) Incorporation by reference. Any information required by this part which is already on file with the Commission may be incorporated by reference.
(d) Small distributors. A distributor requesting natural gas service of less than 2000 Mcf per day to serve a single community may file the information required by the form of application represented in § 250.6 of this Chapter.
[Order 234, 26 FR 4848, June 1, 1961, as amended by Order 280, 29 FR 4875, Apr. 7, 1964; Order 317, 31 FR 432, Jan. 13, 1966]
§ 156.4 Form of exhibits to be attached to applications.
(a) General requirements. Each exhibit shall contain a title page showing applicant's name, Docket No. CP— (number designation to be left blank), title of exhibit, and if exhibit consists of 10 or more pages a table of contents citing by page, section number or Subdivision the component elements or matters contained therein.
(b) Measurement base. All gas volumes shall be stated upon a uniform basis of measurement, and, in addition, if the uniform basis of measurement used in any application is other than 14.73 p.s.i.a., then the volume or Volumes of natural gas to be received from any source and delivered by applicant shall also be stated upon a basis of 14.73 p.S.i.a. Similarly, total Volumes on all summary sheets, as Well as grand totals of volumes in any exhibit, shall also be stated upon a basis of 14.73 p.s.i.a. if the basis of measurement used is other than 14.73 D.S.l.a.
§ 156.5 Exhibits.
(a) Eachibits to be submitted with application. All of the following exhibits shall be submitted with the applica
tion when tendered for filing. Such exhibits may be attached to the application or furnished in a separate volume or separate volumes designated “Exhibits to Application.” Such separate volume or volumes shall indicate on the cover thereof applicant's name and bear Docket No. CP(number designation to be left blank).
(1) Exhibit A-Articles of incorporation and bylaws. If applicant is not an individual, a conformed copy of its articles of incorporation and bylaws, or other similar documents. One certified copy shall be submitted with the original application.
(2) Exhibit B-State and local authorizations. (i) A copy of any certificate of public convenience and necessity or similar authorization which applicant has obtained from the State commission or commissions of each of the States in which applicant engages or proposes to engage in the local distribution of natural gas; (ii) a copy of any franchise or similar authorization which applicant has obtained from each of the municipalities in which applicant engages or proposes to engage in the local distribution of natural gas; and (iii) a copy of any other authorization or form of consent which appli. cant has obtained from any State, State commission, municipality or from any agency of the Federal gov. ernment necessary or incidental to applicant's proposal to engage in the local distribution of natural gas. One certified copy of each of the documents specified in subdivisions (i), (ii), and (iii) of this paragraph shall be submitted a3 exhibits to the original application.
(3) Exhibit C-Officials. A list of the names and business addresses of appli. cant's officers and directors, or similar officials if applicant is not a corporation.
(4) Exhibit D-Subsidiaries and af. filiation. If applicant or any of its officers or directors, directly or indirectly, owns, controls, or holds with power to vote, 10 percent or more of the out. standing voting securities of any other person or organized group of persons engaged in production, transportation, distribution, or sale of natural gas, or of any person or organized group of
persons engaged in the construction or financing of such enterprises or operations, a detailed explanation of each such relationship, including the percentage of voting strength represented by such ownership of securities. If any persons or organized group of persons, directly or indirectly, owns, controls, or holds with power to vote, 10 percent or more of the outstanding voting securities of applicant-give a detailed explanation of each such relationship.
(5) Exhibit F-Location of facilities. A geographical map of suitable scale and detail showing all of the transmission facilities proposed to be installed and operated by Applicant between distribution systems of Applicant and the transmission pipeline system of the proposed supplier (respondent), and include:
(i) Location, length, and size of applicant's transmission pipelines.
(ii) Location and size (related horsepower) of applicant's transmission compressor stations.
(iii) Location and designation of each point of connection of applicant's proposed transmission facilities with (a) proposed pipeline supplier (respon. dent) main line industrial customers, gas pipeline or distribution systems, showing towns and communities to be served, and (b) gas producing and storage filed, or other sources of supply.
(iv) Location, length and size of facilities required to be installed by the proposed supplier (respondent) necessary for the rendition of service requested by the applicant.
(6) Exhibit G-Flow diagram showing daily design capacity and reflecting operation with proposed transmission facilities. A flow diagram showing daily design capacity of all transmission facilities proposed to be installed and operated by applicant between distribution facilities of applicant and the transmission pipeline system the proposed supplier (respondent) including the following:
(i) Diameter, wall thickness, and length of pipe to be installed.
(ii) For each transmission compressor station, the size, type, and number of compressor units, horsepower required, horsepower to be installed, volume of gas to be used as fuel, suc