« PreviousContinue »
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, renoving 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) 8 157.8 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 there. by. Persons desiring to receive a copy of the notice of every application shall so advise the Secretary.
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)
(17 FR 7386, Aug. 14, 1952)
8 157.10 Interventions and protests.
Notices of applications, as provided by g 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 cormal 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 $8 157.14, 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)
8 157.12 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 givino 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 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 289, 29 FR 4877, Apr. 7, 1964)
Secretary's notice shall be advised by the applicant of the afore-specified exhibits and testimony, and shall be fur. nished 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 af. fected 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
§ 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. 8 157.6(a) shall govern the number of copies to be furnished to the Commission. Interveners and persons becoming interveners after the date of the
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 acitvior 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 applicant's currently used
been adopted by the applicant, that on 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 88 157.7 (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 ef. derstood that the actual construction fects which cannot be avoided should of the proposed facility may require the proposal be implemerted,
30-039 O. 78 - 6
(iii) Alternatives to the proposed action,
(iv) The relationship between local short-term uses of man's environment and the maintenance and enhancement of long-term productivity, and
(v) Any irreversible and irretrievable commitments of resources which would be involved in the proposed action should it be implemented.
(7) Exhibit G-Flow diagrams showing daily design capacity and reflecting operation with and without proposed facilities added. A flow diagram showing daily design capacity and reflecting operating conditions with only existing facilities in operation. A second flow diagram showing daily design capacity and reflecting operating conditions with both proposed and existing facilities in operation. Both flow diagrams shall include the following for the portion of the system affected:
(i) Diameter, wall thickness, and length of pipe installed and proposed to be installed and the diameter and wall thickness of the installed pipe to which connection is proposed.
(ii) For each proposed new compressor station and existing station, the size, type and number of compressor units, horsepower required, horsepower installed and proposed to be installed, volume of gas to be used as fuel, suction and discharge pressures, and compression ratio.
(iii) Pressures and volumes of gas at the main line inlet and outlet connections at each compressor station.
(iv) Pressures and volumes of gas at each intake and take-off point and at the beginning and terminus of the existing and proposed facilities and at the intake or take-off point of the existing facilities to which the proposed facilities are to be connected.
(8) Exhibit G-1-Flow diagrams reflecting maximum capabilities. If Exhibit G does not reflect the maximum deliveries which applicant's existing and proposed facilities would be capable of achieving under most favorable operating conditions with utilization of all facilities, include an additional diagram or diagrams to depict such maximum capabilities. If the horsepower, pipelines, or other facilities on
the segment of applicant's system under consideration are not being fully utilized due, e.g., to capacity limitation of connecting facilities or because of the need for standby or spare equipment, the reason for such nonutilization shall be stated.
(9) Exhibit G-II-Flow diagram data. Exhibits G and G-I shall be accompanied by a statement of engineering design data in explanation and support of the diagrams and the proposed project, setting forth:
(i) Assumptions, bases, formulae, and methods used in the development and preparation of such diagrams and accompanying data.
(ii) A description of the pipe and fittings to be installed, specifying the diameter, wall thickness, yield point, ultimate tensile strength, method of fabrication, and methods of testing proposed.
(iii) When lines are looped, the length and size of the pipe in each loop.
(iv) Type, capacity, and location of each natural gas storage field or facility, and of each dehydration, desul. phurization, natural gas liquefaction, hydrocarbon extraction, or other similar plant or facility directly attached to the applicant's system, indicating which of such plants are owned or operated by applicant, and which by others, giving their names and addresses.
(V) If the daily design capacity shown in Exhibit G is predicated upon an ability to meet each customer's maximum contract quantity on the same day, explain the reason for such coincidental peak-day design. If the design day capacity shown in Exhibit G is predicated upon an assumed diversity factor, state that factor and explain its derivation.
(vi) The maximum allowable operating pressure of each proposed facility for which a certificate is requested, as permitted by the Department of Transportation's safety standards. The applicant shall certify that it will design, install, inspect, test, construct, operate, replace, and maintain the facilities for which a certificate is requested in accordance with Federal safety standards and plans for mainte