§ 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) 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 260.6 Rate schedule analysis on a continuing current basis. 260.7 Form No. 15, Annual report of gas supply for certain natural gas pipelines. 260.7a Form No. 15-A, Annual report of gas supply for certain natural gas companies exempt from the requirements of paragraph (b) of § 260.7. 260.8 System flow diagrams. 260.9 Report by natural gas pipeline com panies on service interruptions occurring on the pipeline system. 260.11 Form No. 8, underground gas storage report. 260.12 Form No. 16, Report of gas supply and requirements. "Form and instructions filed as part of the original document. Sec. 260.13 Form No. 40, natural gas companies annual report of proved domestic re serves. 260.15 Fuel No. 69 Report of alternate fuel demand due to natural gas curtailments. 260.20 Reporting of New Nonjurisdictional Sales of Natural Gas (Form No. 45). 260.21 Form No. 64, Report of producer expenditures, exploration and development activity, production, reserve additions, and revenues; including those of any affiliate (associate) or subsidiary of each person found by the Commission to be a "natural-gas company" within the meaning of the Natural Gas Act. 260.100 General requirements for annual reports to stockholders and others. 260.200 Original cost statement of utility property. AUTHORITY: Secs. 10(a), 16, 52 Stat. 826, 830; 15 U.S.C. 717(a), 7170, unless otherwise noted. § 260.1 Form No. 2, Annual report for natural gas companies (Class A and Class B). (a) The form of Annual Report for Classes A and B natural gas companies, designated herein as F.P.C. Form No. 2 is prescribed for the year 1961 and thereafter. (b) Each natural gas company, as defined in the Natural Gas Act (52 Stat. 821) which is included in Classes A or B as defined in the Commission's Uniform System of Accounts Prescribed for Natural Gas Companies Subject to the Provisions of the Natural Gas Act, shall prepare and file with the Commission for the year beginning January 1, 1961, or subsequently during the calendar year 1961, if its established fiscal year is other than the calendar year, and for each year thereafter, on or before the last day of the third month following the close of the calendar year or other established fiscal year an original and such number of conformed copies of the above-designated FPC Form No. 2 as are indicated in the general instructions set out in that form, all properly filled out and verified. One copy of said report should be retained by the correspondent in its files. The conformed copies may be carbon copies if legible. (c) This annual report contains the following schedules: Extraordinary items. Common Utility Plant and Expenses. Charges for Outside Professional and Other Distribution of Salaries and Wages. Gas Plant Leased to Others. Gas Plant Held for Future Use. Production Property Held for Future Use. Construction Work in Progress and Com pleted. Construction not Classified-Gas. Accumulated Provisions for Depreciation or Gas Utility Plant. Accumulated Provision for Amortization and Depletion of Gas Utility Plant-Producing Natural Gas Land and Land Rights. Accumulated Provision for Amortization and Depletion of Gas Utility Plant-Underground Storage Land and Land Rights. Accumulated Provision for Amortization and Depletion of Gas Utility Plant-Gas Plant in Service, Gas Plant Leased to Others, Gas Plant Held for Future Use. Accumulated Provision for Amortization and Depletion of Gas Utility Plant-Abandonment of Leases. Gas Plant Acquisition Adjustments and Ac- Unauthorized Overrun Penalties and Waivers of Penalties. Sales of Natural Gas by Communities. Residential and Commercial Space Heating Customers. Interruptible, Off Peak, and Firm Sales to Distribution System Industrial Customers. Field and Main Line Industrial Sales of Natural Gas. Prepaid and Charged Sales for Resale-Natural Gas. Interdepartmental Sales-Natural Gas. Rent from Gas Property and Interdepartmental Rents. Revenue from Transportation of Gas of Others-Natural Gas. Revenues from Natural Gas Processed by Others. Sales of Products Extracted from Natural Gas. Incidental Gasoline and Oil Sales and Other Gas Revenues. Gas Operation and Maintenance Expenses. Exploration and Development Expenses. Gas Purchases. Exchange Gas Transactions. Exchange Gas Accounting. Gas Used in Utility Operations-Credit. Transmission and Compression of Gas by Franchise Requirements. Miscellaneous General Expenses (Gas). General Description of Construction Overhead Procedure. Construction Overheads-Gas. Depreciation, Depletion, and Amortization of Gas Plant. Natural Gas Reserves and Land Acreage. Changes in Estimated Natural Gas Re serves. Changes in Estimated Hydrocarbon Reserves and Costs, and Net Realizable Value. Explanation of Changes in Estimated Hydrocarbon Reserves and Costs, and Net Realizable Value. Natural Gas Reserves Available from Purchase Agreements. Natural Gas Production and Gathering Statistics. Products Extraction Operations-Natural Gas. Compressor Stations. Number of Gas and Oil Wells. Field and Storage Lines. Gas Storage. Transmission Lines. Manufactured Gas Production Statistics. Service Interruptions Occurring on the System Maps. Research, Development, and Demonstration [Order 239, 26 FR 11902, Dec. 13, 1961, as amended by Order 276-A, 29 FR 2494, Feb. 15, 1964; Order 289, 29 FR 15022, Nov. 6, 1964; Order 300, 30 FR 8333, June 30, 1965; Order 301, 30 FR 9263, July 24, 1965; Order 305, 30 FR 12728, Oct. 6, 1965; Order 322, 31 FR 7898, June 3, 1966; Order 310-A, 31 FR 9062, July 1, 1966; Order 327, 31 FR 12018, Sept. 14, 1966; Order 310-B, 31 FR 16563, Dec. 28, 1966; Order 344-A, 32 FR 8522, June 14, 1967; Order 378-A, 34 FR 1896, Feb. 8, 1969; Order 388, 34 FR 15345, Oct. 2, 1969; Order 389, 34 FR 17436, Oct. 29, 1969; Order 392, 34 FR 20272, Dec. 25, 1969; Order 401, 35 FR 7413, May 13, 1970; Order 416, 35 FR 18962, Dec. 15, 1970; Order 420, 36 FR 517, Jan. 14, 1971; Order 446, 37 FR 1166, Jan. 26, 1972; Order 461, 37 FR 25500, Dec. 1, 1972; Order 466, 38 FR 1389, Jan. 12, 1973; Orders 462, 468, 38 FR 15833, June 18, 1973; Order 473, 38 FR 16219, June 21, 1973; Order 490, 38 FR 23335, Aug. 29, 1973; Order 505, 39 FR 6106, Feb. 19, 1974; Order 469, 39 FR 8917, Mar. 7, 1974; Order 566, 42 FR 30160, June 13, 1977; Order 567, 42 FR 30617 June 16, 1977] NOTE: Form No. 2, including the instructions and schedules therein contained, was revised by Order 239, 26 FR 11900, Dec. 13, 1961, further amended by Order 239-A, 27 FR 970, Feb. 2, 1962; 27 FR 1758, Feb. 24, 1962; Order 276, 28 FR 14267, Dec. 25, 1963; Order 276-A, 29 FR 2494, Feb. 15, 1964; Order 289, 29 FR 15022, Nov. 6, 1964; Order 300, 30 FR 8333, June 30, 1965; Order 301, 30 FR 9263, July 24, 1965; Order 310, 30 FR 15465, Dec. 16, 1965; Order 300-A, 31 FR 5429, Apr. 6, 1966; Order 327, 31 FR 12018, Sept. 14, 1966; Order 333, 31 FR 16561, Dec. 28, 1966; Order 310-B, 31 FR 16563, Dec. 28, 1966; Order 344, 32 FR 7052, May 10, 1967; Order 355, 32 FR 12969, Dec. 29, 1967; Order 356, 33 FR 143, Jan. 5, 1968; Order 378-A, 34 FR 1896, Feb. 8, 1969; Order 388, 34 FR 15345, Oct. 2, 1969; Order 392, 34 FR 20272, Dec. 25, 1969; Order 389A, 35 FR 879, Jan. 22, 1970; Order 360B, 35 FR 4751, Mar. 19, 1970; Order 401, 35 FR 7413, May 13, 1970; Order 408, 35 FR 13988, Sept. 3, 1970; Order 410, 35 FR 15910, Oct. 9, 1970; Order 416, 35 FR 18961, Dec. 15, 1970; Order 420, 36 FR 517, Jan. 14, 1971; Order 426, 36 FR 5049, March 17, 1971; Order 432, 36 FR 8242, May 1, 1971; Order 436, 36 FR 15530, Aug. 17, 1971; Order 440, 36 FR 21968, Nov. 18, 1971; Order 441, 36 FR 21963, Nov. 18, 1971; Order 443, 36 FR 23360, Dec. 9, 1971; Order 446, 37 FR 1166, Jan. 26, 1972; Order 360-C, 37 FR 12490, June 24, 1972; Order 454, 37 FR 14228, July 18, 1972; Order 460, 37 FR 24658, Nov. 18, 1972; Order 462, 37 FR 26006, Dec. 7, 1972; Order 465, 38 FR 1389, Jan. 12, 1973; Order 466, 38 FR 1586, Jan. 16, 1973; Order 468, 38 FR 2173, Jan. 22, 1973; Order 469, 38 FR 4248, Feb. 12, 1973; Order 473, 38 FR 4952, Feb. 23, 1973; Order 473, 38 FR 16219, June 21, 1973; Order 483, 38 FR 12117, May 9, 1973; Order 490, 38 FR 30-039 - 78 - 24 |