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(vii) Reports shall continue to be the cost of property removed and salfiled quarterly through the three-year vaged together with the relevant inperiod and thereafter until the project formation required by paragraph (f) of is either certificated for regular serv- § 157.18. ice or abandoned, unless otherwise or- (V) A geographic map or maps of dered by the Commission.
suitable scale and detail showing the (e) Direct sales measuring station location of the facilities abandoned. and related minor facilities-budget- (f) Applications to include exhibit Ftype abandonment application. An ab
IV. All applications filed in accordance breviated application requesting a with paragraphs (b), (c), (d), and (g) of budget-type authorization permitting
this section shall include and exhibit the cessation of service and removal of
F-IV as prescribed in § 157.14(a)(6-d). direct sales measuring, regulating, and
(g) Field gas compression facilities, related minor facilities during a given
budget-type application. An abbreviat12-month period may be filed when:
ed application requesting budget-type (1) The deliveries to any one direct
authorization to permit (1) abandonsale customer through any one of the
ment of field corapression and related sales measuring facilities to be aban
metering and appurtenant facilities, doned have not exceeded 100,000 Mcf
(2) construction of new or additional annually during the last year of
field compression and related meterservice.
ing and appurtenant facilities, and (3) (2) The applicant will not abandon
removal and relocation of existing any service unless it has received a
field compression and related meterwritten request, or written permission,
ing and appurtenant facilities during a from the direct sale customer to termi
given twelve-month period and opernate service. In the event such request
ation of said facilities may be filed or permission cannot be obtained, a
when: statement certifying that the customer has no further need for the service
(i) The proposed construction, relomust be filed.
cation, removal, and abandonment will (3) The applicant agrees to file with
not result in changing applicant's the Commission, within 60 days after
system salable capacity or service from expiration of the authorized abandon
that authorized prior to the date of ment period:
filing the budget application, but will (i) A statement showing for each in
permit the applicant more effectively dividual project a description of the
to utilize the facilities to take gas into facilities abandoned and the docket
its system from existing sources of numbers of the prior proceedings in
supply for use in meeting the requirewhich the facilities or services aban
ments of its customers. Existing doned were certificated.
sources of supply are those gas pro(ii) A statement indicating in each
ducing fields, reservoirs, wells, or forcase the reason why the service or fa
mations from which applicant was recilities were abandoned, together with
ceiving gas at the date of filing the a copy of the written request or per
budget application, except those promission, or statement in lieu thereof, ducing fields, reservoirs, wells, or forfor termination of service. In the event mations used exclusively for making a written request or permission cannot emergency sales under 88 2.68 and 2.70 be obtained from the customer, appli- of this chapter or 88 157.22 and 157.29. cant shall set forth in his statement a (ii) The facilities involved in the detailed explanation of how the aban- budget application are those used or donment is in the public interest.
to be used to transport natural gas (iii) A statement showing the effect into applicant's interstate system, purof the abandonment upon any rate suant to Commission authorization, schedules or tariffs on file with this from existing sources of natural gas Commission.
supply, as defined above, including its (iv) A concise description of the own producing fields, or purchase changes of property, indicating the from other producers or sellers or recost of property abandoned in place, ceipts 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 aug. menting applicant's ability to take gas from such source of supply.
(6) 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, remov. ing 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)
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 g 1.32(b) of this chapter. (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 iormal 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)
$ 157.12 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
$ 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
part of a rejected application may be Secretary's notice shall be advised by incorporated by reference.
the applicant of the afore-specified ex(c) Interdependent applications. hibits and testimony, and shall be furWhen an application considered alone nished with copies upon request. is incomplete and depends vitally upon (1) Exhibit A-Articles of incorporainformation in another application, it tion and bylaws. If applicant is not an will not be accepted for filing until the individual, a conformed copy of its arsupporting application has been filed. ticles of incorporation and bylaws, or When applications are interdependent, other similar documents. they shall be filed concurrently.
(2) Exhibit B-State authorization (d) Measurement base. All gas vol- For each State where applicant is auumes, including gas purchased from thorized to do business, a statement producers, shall be stated upon a uni- showing the date of authorization, the form basis of measurement, and, in ad- scope of the business applicant is audition, if the uniform basis of mea- thorized to carry on and all limita. surement used in any application is tions, if any, including expiration other than 14.73 p.s.i.a., then any dates and renewal obligations. A convolume or volumes delivered to or re- formed copy of applicant's authorizaceived from any interstate natural-gas tion to do business in each State af. pipeline company shall also be stated fected shall be supplied upon request. upon a basis of 14.73 p.s.i.a.; similarly, (3) Exhibit C—Company officials. A total volumes on all summary sheets, list of the names and business addressas well as grand totals of volumes in es of applicant's officers and directors, any exhibit, shall also be stated upon or similar officials if applicant is not a a basis of 14.73 p.s.i.a. if the uniform corporation. basis of measurement used is other (4) Exhibit D-Subsidiaries and af. than 14.73 p.s.i.a.
filiation. If applicant or any of its offi(17 FR 7387, Aug. 14, 1952, as amended by
cers or directors, directly or indirectly. Order 185, 21 FR 1486, Mar. 8, 1956; Order owns, controls, or holds with power to 280, 29 FR 4877, Apr. 7, 1964)
vote, 10 percent or more of the out
standing voting securities of any other $ 157.14 Exhibits.
person or organized group of persons (a) To be attached to each applica
engaged in production, transportation, tion. All exhibits specified shall ac
distribution, or sale of natural gas, or company each application when ten- of any person or organized group of dered for filing. Together with each persons engaged in the construction or exhibit applicant shall set forth a full
financing of such enterprises or operand complete explanation of the data ations, a detailed explanation of each submitted, the manner in which it was
such relationship, including the perobtained, and the reasons for the con- centage of voting strength represented clusions which are derived therefrom. by such ownership of securities. If any If the Commission determines that a
person or organized group of persons, formal hearing upon the application is directly or indirectly, owns, controls, required or that testimony and hear
or holds with power to vote, 10 percent ing exhibits should be filed, the Secre- or more of the outstanding voting setary shall promptly notify the appli- curities of applicant-a detailed explacant that submittal of all the exhibits nation of each such relationship. and testimony of all witnesses to be (5) Exhibit E-Other pending applisponsored by the applicant in support cations and filings. A list of other apof his case-in-chief is required. Sub- plications and filings under sections 1, mittal of such exhibits and testimony 3, 4 and 7 of the Natural Gas Act filed shall be within 20 days from the date by the applicant which are pending of the Secretary's notice, or such before the Commission at the time of longer time as he shall specify. the filing of an application and which § 157.6(a) shall govern the number of directly and significantly affect the copies to be furnished to the Commis- application filed, including an explasion. Interveners and persons becom- nation of any material effect the grant ing interveners after the date of the or denial of those other applications
and filings will have on the application routing deviations because of unanticiand of any material effect the grant or pated obstacles or difficulties. denial of the application will have on (iv) Applicant will not be required to those other applications and filings. submit revisions to Exhibit F-1 unless
(6) Exhibit F-Location of facilities. requested by the Commission or unless Unless shown on Exhibit G or else the routing of the pipeline is substanwhere, a geographical map of suitable tially revised by applicant prior to bescale and detail showing, and appro ginning of construction. priately differentiating between all of (6-b) Exhibit F-II-Factors considthe facilities proposed to be construct
ered in locating facilities in scenic, ed, acquired or abandoned and exist
historic, recreational or wildlife areas. ing facilities of applicant, the oper Where a proposed facility will or may ation or capacity of which will be di
be located in or routed through any of rectly affected by the proposed facili
the national historic places listed in ties or the facilities proposed to be
the National Register of Historic abandoned. This map, or an additional
Places maintained by the Secretary of map, shall clearly show the relation
the Interior, natural landmarks listed ship of the new facilities to the appli
in the National Register of Natural cant's overall system and shall include:
Landmarks maintained by the Secre(i) Location, length, and size of pipe
tary of the Interior or through any lines.
park, scenic, wildlife, or recreational (ii) Location and size (rated horse
areas, officially designated by duly power) of compressor stations.
constituted public authorities, and (iii) Location and designation of
where such facility may have a signifieach point of connection of existing
cant effect on the scenic, historic, and proposed facilities with (a) main
wildlife or recreational values of such line industrial customers, gas pipeline
areas, applicant shall state the reason or distribution systems, showing towns
for such location and shall list Federand communities served and to be
al, State and local agencies having juserved at wholesale and retail, and (6)
risdiction which have been or will be gas-producing and storage fields, or
consulted prior to construction. other sources of gas supply.
(6-c) Exhibit F-III-Statement on (6-a) Exhibit F-1-Factors consid
adoption of guidelines concerning ered in use of joint rights-of-way. (i) Unless shown on Exhibit F, Exhibit G,
right-of-way and construction acitvi. or elsewhere, applicant shall submit,
ties. A statement that the guidelines for areas where construction will not
set forth in § 2.69 of this chapter have be on applicant's currently used
been adopted by the applicant, that rights-of-way or immediately adjacent
the relevant portions thereof have
been or will be issued to construction thereto, a map or diagram of all facilities proposed to be constructed show
personnel of applicant, and as to what ing existing rights-of-way belonging
appropriate instructions will be issued either to applicant or to others such as
to contractors and others involved in pipelines, electric powerlines, high
implementation of the guidelines. ways, and railroads which could prac
(6-d) Exhibit F-IV. Exhibit F-IVtically be used.
Statement by the Applicant Concern(ii) In addition to such map or dia
ing the Requirements of the National gram applicant shall submit a brief Environmental Policy Act of 1969, statement explaining which of such Public Law 91-190, 83 Stat. 852, title I, rights-of-way it intends to use or con
section 102. All applications governed sider using.
by $$ 157.7 (b), (c), (d), and (g) shall in(iii) The statement may indicate
clude a brief statement concerning the that, while applicant intends to use
following factors: the proposed right-of-way at the date (i) The environmental impact of the of filing of the application or amend proposed actions, ment or supplement thereto, it is un (ii) Any adverse environmental efderstood that the actual construction fects which cannot be avoided should of the proposed facility may require the proposal be implemented,
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