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250.6 Form of application to be filed by distributor under section 7(a), seeking gas service of not more than 2,000 Mcf per day (3d year of operation) for a single community (see § 156.3(d) of this chapter).

250.7 Form of contract summary for abandonment applications.

250.8 Summary to accompany rate schedule filed by an assignee as successor in interest. 250.9 Form of notice of proposed cancellation or termination of independent producer rate schedule or part thereof, where no new schedule is to be filed in its place.

250.10 Application for small producer ex

emption.

Name of Company

FPC Gas Tariff Original Volume No.

Sec.

250.11 Annual statement for independent producers holding small producers exemptions.

250.12 Escrow agreement.

AUTHORITY: Secs. 4, 7, 15, 16, 52 Stat. 822, 824, 829, 830, as amended; 15 U.S.C. 717c, 717f, 717n, 7170.

§ 250.1

Certificate of service.1

(See § 1.17 of this chapter.)

I hereby certify that I have this day served the foregoing document upon all parties of record in this proceeding in accordance with the requirements of § 1.17 of the Rules of Practice and Procedure. Date at

19-.

Of counsel for

this

day of

(Signature)

[Order 287, 29 FR 13101, Sept. 19, 1964]

§ 250.2 Form of proposed cancellation of tariff or part thereof (see § 154.64).

Revised Sheet No. Superseding-Sheet (s) No.

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6. Nature of service sought, giving a brief description of proposal, including location of community, population, number of residences and kind of service sought and to be rendered, showing:

(a) Is this an initial connection with the pipe line, or is it an extension or improvement of existing facilities?

(b) Estimate of maximum day requirements for residential, commercial and industrial customers for each of the first three years of proposed operations (Mcf at 14.73 psia), and how the estimates were derived;

(c) Estimate of annual requirements for residential, commercial and industrial customers for each of the first three years of proposed operations (Mcf at 14.73 psia), and how the estimates were derived.

7. Do you have or do you need a franchise to render the proposed service? If you have filed an application for such a franchise, with whom was it filed and what action has been taken on it?

8. Do you have or do you need a state certificate approving the proposed distribution system project? If you have filed an application for such a certificate, with whom was it filed and what action has been taken on it?

9. When do you propose to start construction and when do you estimate it will be completed? When do you propose to start selling gas?

10. How much are the facilities expected to cost? Show separately the estimated cost of the distribution system, the connecting supply lines, legal fees, financing fees and engineering fees, and briefly state how the estimates were derived.

11. Have you used the services of an engineering consultant? If so, the consultant should state his experience in the design of distribution systems, cost data of systems now in service compared with his initial estimates, and the actual rate at which new customers were attached in the new distribution systems.

12. How do you propose to finance the proposed facilities? Submit evidence that the money will be available. (This evidence need not be submitted if you have a state certificate for your project.)

13. For each of the first three years of operation of the proposed facilities, show (a) the estimated gross annual revenues for the natural gas estimated to be sold to residential, commercial and industrial customers as shown in item 6(c) and the rates you propose to charge, and (b) the cost of gas purchased by you (state the rate to be paid to the pipeline supplier and the pipeline's rate schedule under which you will purchase said gas), other operating and maintenance expenses and operating revenue deductions, and (c) the net operating revenues. If you have received a certificate of public convenience and necessity issued by a local regula

tory commission, it may be submitted in lieu § 250.8 Summary to accompany rate of this requirement.

14. Municipalities should submit a bond amortization and interest schedule for the life of the bond issue related to the project and computation of the average debt service coverage ratio over the life of the issue. State briefly how all estimates were derived. Exhibits to be furnished:

Exhibit A. A geographical map showing clearly all of the transmission facilities proposed to be installed and operated by you between your distribution system and the transmission pipeline system of the proposed supplier, including:

(a) Location, length and size of your transmission lines;

(b) Location and size (related horsepower) of your transmission compressor stations (if any);

(c) Location and designation of each point of connection of your proposed transmission facilities with proposed pipeline supplier;

(d) And if known, location, length and size of facilities to be installed by the proposed supplier.

Exhibit B. A flow diagram showing the maximum daily capacity of the proposed connecting pipeline to carry gas from the supplier to the community to be served. The diagram should show expected operating pressures on the connecting pipeline at the point of connection with the supplier and at the other terminal of the connecting pipeline flow of gas through the connecting pipeline in Mcf per day; length of the connecting pipeline and its inside and outside diameter.

[Order 280, 29 FR 4879, Apr. 7, 1964]

§ 250.7 Form of contract summary for abandonment applications.

(See § 157.30(b) of this chapter.)

1. Name of seller

2. Sale authorized in Docket No.

3. Name of purchaser

4. Location of sale

(Field, county, state)

5. Date of basic contract and Rate Schedule No.

6. Last effective rate (cents/Mcf) -
7. Measurement pressure base (psia)

8. Involved in suspension proceeding: No--Yes-- Docket No.

9. Purchaser has indicated concurrence: Yes-No——.

10. Reasons for abandonment (Specify)

schedule filed by an assignee as successor in interest.

(See § 154.92(d) of this chapter.)

(1) Name of assignee

(2) Name of assignor

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[Order 278, 29 FR 3700, Mar. 25, 1964]

(6) Additional comments

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§ 250.12 Escrow agreement.

(a) A natural-gas company which has been ordered by the Commission to retain refundable moneys in an escrow account pending further action of the Commission prescribing the disposition of such refund moneys, and has executed an escrow agreement in the form prescribed in paragraph (b) of this section, may file, in lieu of filing the agreement with the Commission, an original and two conformed copies of a certificate attesting to the fact that it has executed such an agreement.

(b) Form of escrow agreement: ESCROW AGREEMENT

(Name of Respondent)

and

(Name of Escrow Agent)

This agreement made between (Name of Respondent) hereinafter called Respondent and (Name of Bank), a banking institution, association, or trust company, used as a depository for funds of the U.S. Government, (Address), hereinafter called "Escrow Agent;" Witnesseth:

ARTICLE I

DEFINITIONS

SECTION 1.01. As used in this agreement, the following expressions shall have the meanings respectively indicated:

(a) "Commission" means the Federal Power Commission, an agency of the United States of America.

(b) "Secretary" means the Secretary, the Acting Secretary, or the Office of the Secretary of the Commission.

(c) "Proceeding" means the proceeding or proceedings before the Commission entitled: "(Name of Respondent), Docket No. ———.'

(d) "Respondent" means the party, whether a producer, seller or jurisdictional pipeline purchaser, who is directed by order of the Commission to place refund moneys in escrow.

(e) "Refund moneys" means the amounts of revenue, including applicable interest, for gas sales charged and collected by Respondent computed as ordered by the Commission, which are to be placed in escrow under this Escrow Agreement.

ARTICLE II

TERM OF ESCROW AGREEMENT

SEC. 2.01. Respondent hereby transfers and assigns to the Escrow Agent the amount

of refund moneys ordered to be held in escrow, and to that end, agrees to deposit, or cause to be deposited, such moneys within 10 days of the date hereof with the Escrow Agent plus interest as ordered by the Commission.

SEC. 2.02. Respondent, the Escrow Agent, and the successors and assigns of each, shall be, and hereby are bound to the Commission to pay all or any portion of such moneys and the interest thereon to such person or persons as may be identified and designated by the Commission and in the manner which it may be directed by the Commission in the proceeding.

SEC. 2.03. The Escrow Agent shall invest and reinvest such monies only in obligations of the United States of America which are due and payable within 1 year or less from the date of purchase.

SEC. 2.04. The Escrow Agent shall be liable only for such interest as the invested funds described in sections 2.01 and 2.03 shall earn, and no other interest may be collected from the Escrow Agent.

SEC. 2.05. The Escrow Agent shall be entitled to such compensation as is fair, reasonable, and customary for its services as such, which compensation shall be paid out of the corpus, and earned interest of the Escrow Fund. The Escrow Agent shall likewise be entitled to reimbursement for its reasonable expenses, necessarily incurred in the administration of this escrow, which reimbursement shall be made out of the corpus, or earned interest of the Escrow Fund.

SEC. 2.06. The Escrow Agent shall report to the Secretary of the Commission annually certifying the amount deposited in escrow, and accounting for any disbursements therefrom for the annual period.

SEC. 2.07. Should Respondent be released by final order of the Commission from any or all obligation with respect to such refundable monies, this Escrow Fund shall be discharged in like amount; otherwise it shall remain in full force and effect.

ARTICLE III

DISTRIBUTION OF FUNDS AND TERMINATION OF ESCROW AGREEMENT

SEC. 3.01. Upon receipt by the Escrow Agent of a copy of an order of the Commission directing disbursement by Respondent of the refund monies, the Escrow Agent shall transfer and deliver to Respondent such monies for payment to the parties ultimately determined by the Commission to be entitled thereto, and to that end the Escrow Agent shall liquidate all securities held in the Escrow Fund necessary to make such payments, and this Escrow Fund shall thereupon cease and terminate.

ARTICLE IV

RESPECTING THE ESCROW AGENT

SEC. 4.01. The Escrow Agent shall be fully protected in acting and relying on any order, certificate, direction, communication, or other document, from the Commission, which the Escrow Agent in good faith believes to be genuine and what it purports to be.

SEC. 4.02. The Escrow Agent may at any time and from time to time consult with legal counsel of its own choice, and shall be fully protected in acting and relying on the advice of such counsel with respect to any matter arising in the administration of this Escrow Fund.

SEC. 4.03. The Escrow Agent shall have no liability for damage resulting from any action or omission of it hereunder, unless it be established that such damage was caused by negligence contributing to such damages, or willful bad faith of the Escrow Agent.

SEC. 4.04. Nothing in sections 4.02 and 4.03 in this Article IV shall be construed as limiting or impairing the obligation of the Escrow Agent under section 2.02 hereof.

SEC. 4.05. The obligations of the Escrow Agent hereunder shall be limited to the amounts deposited with it hereunder, and the interest thereon resulting from investments as herein directed.

SEC. 4.06. The Escrow Agent joins herein for the purpose of evidencing its approval and consent to the terms hereof and its acceptance of the fund hereby created, and the Escrow Agent agrees to hold, invest, administer and dispose of the funds deposited hereunder with it in accordance with the terms hereof.

ARTICLE V

MISCELLANEOUS

SEC. 5.01. This instrument may be amended by an order, letter or other communication of the Commission, provided that no such amendment shall substantially increase the duties or diminish the compensation, privileges, or immunities of the Escrow Agent.

SEC. 5.02. The Escrow Agent may resign at any time upon thirty (30) days' prior written notice given to the Commission. Upon the resignation of the Escrow Agent, a successor bank or trust company used as a depository for funds of the U.S. Government, shall be designated by Respondent. However, resignation of an Escrow Agent shall not become effective until a qualified successor Escrow Agent has indicated its acceptance of the appointment as such. Upon the designation and acceptance of the appointment of the qualified successor Escrow Agent, the resigning Escrow Agent shall transfer and

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