(vii) Reports shall continue to be filed quarterly through the three-year period and thereafter until the project is either certificated for regular service or abandoned, unless otherwise ordered by the Commission.

(e) Direct sales measuring station and related minor facilities-budgettype abandonment application. An abbreviated application requesting budget-type authorization permitting the cessation of service and removal of direct sales measuring, regulating, and related minor facilities during a given 12-month period may be filed when:

(1) The deliveries to any one direct sale customer through any one of the sales measuring facilities to be abandoned have not exceeded 100,000 Mcf annually during the last year of

service.

(2) The applicant will not abandon any service unless it has received a written request, or written permission, from the direct sale customer to terminate service. In the event such request or permission cannot be obtained, a statement certifying that the customer has no further need for the service must be filed.

(3) The applicant agrees to file with the Commission, within 60 days after expiration of the authorized abandonment period:

(i) A statement showing for each individual project a description of the facilities abandoned and the docket numbers of the prior proceedings in which the facilities or services abandoned were certificated.

(ii) A statement indicating in each case the reason why the service or facilities were abandoned, together with a copy of the written request or permission, or statement in lieu thereof, for termination of service. In the event a written request or permission cannot be obtained from the customer, applicant shall set forth in his statement a detailed explanation of how the abandonment is in the public interest.

(iii) A statement showing the effect of the abandonment upon any rate schedules or tariffs on file with this Commission.

(iv) A concise description of the changes of property, indicating the cost of property abandoned in place,

the cost of property removed and salvaged together with the relevant information required by paragraph (f) of § 157.18.

(v) A geographic map or maps of suitable scale and detail showing the location of the facilities abandoned.

(f) Applications to include exhibit FIV. All applications filed in accordance with paragraphs (b), (c), (d), and (g) of this section shall include and exhibit F-IV as prescribed in § 157.14(a)(6-d).

(g) Field gas compression facilities— budget-type application. An abbreviated application requesting budget-type authorization to permit (1) abandonment of field compression and related metering and appurtenant facilities, (2) construction of new or additional field compression and related metering and appurtenant facilities, and (3) removal and relocation of existing field compression and related metering and appurtenant facilities during a given twelve-month period and operation of said facilities may be filed when:

(i) The proposed construction, relocation, removal, and abandonment will not result in changing applicant's system salable capacity or service from that authorized prior to the date of filing the budget application, but will permit the applicant more effectively to utilize the facilities to take gas into its system from existing sources of supply for use in meeting the requirements of its customers. Existing sources of supply are those gas producing fields, reservoirs, wells, or formations from which applicant was receiving gas at the date of filing the budget application, except those producing fields, reservoirs, wells, or formations used exclusively for making emergency sales under §§ 2.68 and 2.70 of this chapter or §§ 157.22 and 157.29.

(ii) The facilities involved in the budget application are those used or to be used to transport natural gas into applicant's interstate system, pursuant to Commission authorization, from existing sources of natural gas supply, as defined above, including its own producing fields, or purchase from other producers or sellers or receipts of gas under exchange arrange

ments in producing fields, onshore or offshore.

(iii) The total cost of constructing the new or additional field compression and related metering and appurtenant facilities and the total out-ofpocket cost of abandoning, removing and relocating existing compression and related metering and appurtenance facilities shall not exceed in aggregate 2 percent of the applicant's gas plant account (Account 101, Uniform System of Accounts Prescribed for Natural Gas Companies) or $3 million, whichever is less, except that an applicant with less than $10 million in such gas plant account may spend a total of $500,000 under this authorization. Out-of-pocket costs excludes the original cost of facilities abandoned, removed, or relocated. The cost for any single project to be installed during the authorized period shall not exceed 25 percent of the total budget amount or $500,000, whichever is less. (iv) The applicant agrees to file with the Commission within 60 days after the expiration of the authorized budget period:

(a) A statement showing for each individual project a description of the facilities constructed, removed, relocated and abandoned including the docket numbers of the prior proceedings in which the facilities were certificated permitting attachment of the source of supply to the system or augmenting applicant's ability to take gas from such source of supply.

(b) A statement indicating in each case the reason for the construction, relocation, removal or abandonment of the facilities.

(c) A concise description for each individual project of the changes in property made under the budget authority indicating the costs of any new or additional construction and all outof-pocket costs involved in relocating property, abandoning property, reinoving property and salvaging property, together with the relevant information required by paragraph (f) of § 157.18.

(d) A geographical map or maps of suitable scale and detail showing the location of the abandoned facilities, the locations from which facilities

were removed, the new location of the relocated facilities and the location of any new or additional facilities constructed pursuant to this budget authority.

(e) A statement showing for each individual project, where facilities were abandoned, the names of the independent producers or other sellers from whom the natural gas was purchased or exchanged, together with the respective dates or their gas sales contracts, FPC gas rate schedule designations and related certificate docket numbers.

Existing facilities of the nature cited above may be reclaimed and put into stock or may be taken from stock and put into field operation, as deemed necessary.

(Sec. 7(c), 52 Stat. 825, 56 Stat. 83, 15 U.S.C. 717f(c); Sec. 7(d), 56 Stat. 84, 15 U.S.C. 717f(d); Sec. 7(e), 56 Stat. 84, 15 U.S.C. 717f(e); Sec. 15, 52 Stat. 829, 15 U.S.C. 717n; Sec. 16, 52 Stat. 830, 15 U.S.C. 7170) [Order 280, 29 FR 4876, Apr. 7, 1964, as amended by Order 281, 29 FR 5544, Apr. 25, 1964; Order 285, 29 FR 11750, Aug. 18, 1964; Order 285-A, 29 FR 14723, Oct. 29, 1964; Order 385, 34 FR 12432, July 30, 1969; Order 403, 35 FR 7790, May 21, 1970; Order 415-C, 37 FR 28416, Dec. 23, 1972; Order 474, 38 FR 13479, May 22, 1973; Order 507, 39 FR 10896, Mar. 22, 1974; Order 522, 40 FR 3411, Jan. 22, 1975]

§ 157.8 Acceptance for filing or rejection of applications.

Applications will be docketed when received and the applicant so advised. If an application does not conform to the requirements of this part the Secretary will notify the applicant of all deficiencies. Deficient applications not amended within 20 days of the notice of deficiency, or such longer period as may be specified in the notice of deficiency, will be rejected by the Secretary as provided by § 1.14 of this chapter. Copies of a rejected application will be returned. An application which relates to an operation, sale, service, construction, extension, acquisition, or abandonment, concerning which a prior application has been filed and rejected, shall be docketed as a new application. Such new application shall state the docket number of the prior rejected application.

[Order 280, 29 FR 4876, Apr. 7, 1964]

§ 157.9 Notice of application.

Notice of each application filed, except when rejected in accordance with § 157.8, will be published in the FEDERAL REGISTER and copies of such notice mailed to States affected thereby. Persons desiring to receive a copy of the notice of every application shall so advise the Secretary.

[17 FR 7386, Aug. 14, 1952]

§ 157.10 Interventions and protests.

Notices of applications, as provided by § 157.9, will fix the time within which any person desiring to participate in the proceeding may file a petition to intervene, and within which any interested regulatory agency, as provided by § 1.8 of this chapter, desiring to intervene may file its notice of intervention. Any person filing a petition to intervene or notice of intervention shall state specifically whether he seeks formal hearing on the application. Failure to make timely filing will constitute ground for denial of participation in the absence of extraordinary circumstances for good cause shown. See §§ 1.7, 1.8 and 1.37(f) of this chapter. A copy of each application, supplement and amendment thereto, including exhibits required by §§ 157.14, 157.16 and 157.18 which are specifically requested, shall upon request be promptly supplied by the applicant to anyone who has filed a petition for leave to intervene or given notice of intervention. Protests may be filed in accordance with § 1.10 of this chapter within the time permitted by any person who does not seek to participate in the proceeding.

[Order 280, 29 FR 4877, Apr. 7, 1964]

§ 157.11 Hearings.

(a) General. The Commission will schedule each application for public hearing at the earliest date possible giving due consideration to statutory requirements and other matters pending, with notice thereof as provided by §1.19(b) of this chapter: Provided, however, That when an application is filed less than fifteen days prior to the commencement of a hearing theretofore ordered on a pending application

and seeks authority to serve some or all of the markets sought in such pending application or is otherwise competitive with such pending application, the Commission will not schedule the new application for hearing until it has rendered its final decision on such pending application, except when, on its own motion, or on appropriate application, it finds that the public interest requires otherwise.

(b) Shortened procedure. If no protest or petition to intervene raises an issue of substance, the Commission may upon request of the applicant dispose of an application in accordance with the provisions of § 1.32(b) of this chapter.

[17 FR 7386, Aug. 14, 1952]

§ 157.12 Dismissal of application.

Except for good cause shown, failure of an applicant to go forward on the date set for hearing and present its full case in support of its application will constitute ground for the summary dismissal of the application and the termination of the proceedings. [17 FR 7386, Aug. 14, 1952]

§ 157.13 Form of exhibits to be attached to applications.

Each exhibit attached to an application must conform to the following requirements:

(a) General requirements. Each exhibit shall contain a title page showing applicant's name, docket number (to be left blank), title of the exhibit, the proper letter designation of the exhibit, and, if of 10 or more pages, a table of contents, citing by page, section number or subdivision, the component elements or matters therein contained.

(b) Reference to annual reports and previous applications. An application may refer to annual reports and previous applications filed with the Commission and shall specify the exact pages or exhibit numbers of the filing to which reference is made, including the page numbers in any exhibit to which reference is made. When reference is made to a previous application the docket number shall be stated. No

part of a rejected application may be incorporated by reference.

(c) Interdependent applications. When an application considered alone is incomplete and depends vitally upon information in another application, it will not be accepted for filing until the supporting application has been filed. When applications are interdependent, they shall be filed concurrently.

(d) Measurement base. All gas volumes, including gas purchased from producers, 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 any volume or volumes delivered to or received from any interstate natural-gas pipeline company 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 uniform basis of measurement used is other than 14.73 p.s.i.a.

[17 FR 7387, Aug. 14, 1952, as amended by Order 185, 21 FR 1486, Mar. 8, 1956; Order 280, 29 FR 4877, Apr. 7, 1964]

§ 157.14 Exhibits.

(a) To be attached to each application. All exhibits specified shall accompany each application when tendered for filing. 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. If the Commission determines that a formal hearing upon the application is required or that testimony and hearing exhibits should be filed, the Secretary shall promptly notify the applicant that submittal of all the exhibits and testimony of all witnesses to be sponsored by the applicant in support of his case-in-chief is required. Submittal of such exhibits and testimony shall be within 20 days from the date of the Secretary's notice, or such longer time as he shall specify. § 157.6(a) shall govern the number of copies to be furnished to the Commission. Interveners and persons becoming interveners after the date of the

Secretary's notice shall be advised by the applicant of the afore-specified exhibits and testimony, and shall be furnished with copies upon request.

(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.

(2) Exhibit B-State authorization. For each State where applicant is authorized to do business, a statement showing the date of authorization, the scope of the business applicant is authorized to carry on and all limitations, if any, including expiration dates and renewal obligations. A conformed copy of applicant's authorization to do business in each State affected shall be supplied upon request.

(3) Exhibit C-Company officials. A list of the names and business addresses of applicant's officers and directors, or similar officials if applicant is not a corporation.

(4) Exhibit D-Subsidiaries and affiliation. 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 outstanding 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 person 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-a detailed explanation of each such relationship.

(5) Exhibit E-Other pending applications and filings. A list of other applications and filings under sections 1, 3, 4 and 7 of the Natural Gas Act filed by the applicant which are pending before the Commission at the time of the filing of an application and which directly and significantly affect the application filed, including an explanation of any material effect the grant or denial of those other applications

and filings will have on the application and of any material effect the grant or denial of the application will have on those other applications and filings.

(6) Exhibit F-Location of facilities. Unless shown on Exhibit G or elsewhere, a geographical map of suitable scale and detail showing, and appropriately differentiating between all of the facilities proposed to be constructed, acquired or abandoned and existing facilities of applicant, the operation or capacity of which will be directly affected by the proposed facilities or the facilities proposed to be abandoned. This map, or an additional map, shall clearly show the relationship of the new facilities to the applicant's overall system and shall include: (i) Location, length, and size of pipelines.

(ii) Location and size (rated horsepower) of compressor stations.

(iii) Location and designation of each point of connection of existing and proposed facilities with (a) mainline industrial customers, gas pipeline or distribution systems, showing towns and communities served and to be served at wholesale and retail, and (b) gas-producing and storage fields, or other sources of gas supply.

(6-a) Exhibit F-1-Factors considered in use of joint rights-of-way. (i) Unless shown on Exhibit F, Exhibit G, or elsewhere, applicant shall submit, for areas where construction will not be used on applicant's currently rights-of-way or immediately adjacent thereto, a map or diagram of all facilities proposed to be constructed showing existing rights-of-way belonging either to applicant or to others such as pipelines, electric powerlines, highways, and railroads which could practically be used.

(ii) In addition to such map or diagram applicant shall submit a brief statement explaining which of such rights-of-way it intends to use or consider using.

(iii) The statement may indicate that, while applicant intends to use the proposed right-of-way at the date of filing of the application or amendment or supplement thereto, it is understood that the actual construction of the proposed facility may require

routing deviations because of unanticipated obstacles or difficulties.

(iv) Applicant will not be required to submit revisions to Exhibit F-1 unless requested by the Commission or unless the routing of the pipeline is substantially revised by applicant prior to beginning of construction.

(6-b) Exhibit F-II-Factors considered in locating facilities in scenic, historic, recreational or wildlife areas. Where a proposed facility will or may be located in or routed through any of the national historic places listed in the National Register of Historic Places maintained by the Secretary of the Interior, natural landmarks listed in the National Register of Natural Landmarks maintained by the Secretary of the Interior or through any park, scenic, wildlife, or recreational areas, officially designated by duly constituted public authorities, and where such facility may have a significant effect on the scenic, historic, wildlife or recreational values of such areas, applicant shall state the reason for such location and shall list Federal, State and local agencies having jurisdiction which have been or will be consulted prior to construction.

(6-c) Exhibit F-III-Statement on adoption of guidelines concerning right-of-way and construction acitvities. A statement that the guidelines set forth in § 2.69 of this chapter have been adopted by the applicant, that the relevant portions thereof have been or will be issued to construction personnel of applicant, and as to what appropriate instructions will be issued to contractors and others involved in implementation of the guidelines.

(6-d) Exhibit F-IV. Exhibit F-IVStatement by the Applicant Concerning the Requirements of the National Environmental Policy Act of 1969, Public Law 91-190, 83 Stat. 852, title I, section 102. All applications governed by §§ 157.7 (b), (c), (d), and (g) shall include a brief statement concerning the following factors:

(i) The environmental impact of the proposed actions,

(ii) Any adverse environmental effects which cannot be avoided should the proposal be implemented,

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