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(xii) Conformed copies of all applica- demands, volumes, heat-content ad. tions and supporting exhibits, registra- justment or other determinants. In adtion statements, or other similar sub- dition, if enlargement or extension of mittals, if any, to the Securities and facilities is involved, the revenues atExchange Commission, including all tributable solely to the proposed facilisupplements, changes or modifications ties shall be stated separately, and the of the above.
basis and data used in such computa(xiii) Any additional data and infor- tion shall be clearly shown. mation upon which applicant proposes (ii) Gas system annual operating exto rely in showing the adequacy and penses classified in accordance with availability to it of resources for fi- the Commission's Uniform System of nancing its proposed project.
Accounts for Natural Gas Companies; (15) Exhibit M-Construction, oper- the annual depreciation, depletion, ation, and management. A concise
taxes, utility income, and resulting statement setting forth arrangements rate of return on net investment in gas for supervision, management, engi
plant including working capital. In adneering, accounting, legal, or other
dition if enlargement or extension of similar service to be rendered in con
facilities is involved, the cost of service nection with the construction or oper
attributable solely to the proposed faation of the project, if not to be per
cilities shall be stated separately with formed by employees of applicant, supporting data. including reference to any existing or
(iii) When the data required in subcontemplated agreements therefor, to
divisions (i) and (ii) of this subparagether with:
graph is not submitted, applicant shall (i) A statement showing affiliation
provided in lieu thereof a statement in between applicant and any parties to
sufficient detail to show clearly the such agreements or arrangements. See
effect on the operating revenues and Exhibit D, paragraph (a)(4) of this
operating expenses of the estimated section.
revenues and expenses related to the (ii) Conformed copies of all construc
proposed facility. tion, engineering, management, and other similar service agreements or
(17) Exhibit 0–Depreciation and decontracts in any way operative with
pletion. Depreciation and depletion respect to construction, operation, or
rates to be established, the method of financing of facilities which are the
determination and the justification
therefor. subject of the application or will be applicable under system operations.
(18) Exhibit P-Tariff. (i) A state(16) Exhibit N-Revenues-Ex
ment of the rates to be charged for penses-Income. When the estimated
the proposed sales or service, includrevenues and expenses related to a
ing: (a) Identification of the applicable proposed facility will significantly
presently effective rate schedules, affect the operating revenues or oper
when no additional tariff filings will ating expenses of an applicant, there be required, or (b) when changes are shall be submitted a system-wide
required in applicant's presently effecstatement for the last year preceding
tive tariff, or if applicant has no tariff, the proposed construction or service pro forma copies of appropriate and pro forma system-wide and incre- changes in or additions to the effective mental statements for each of the first tariff or a pro forma copy of the new three full years of operation of the gas tariff proposed, or (c) when a new proposed facilities, showing:
rate is proposed, a statement explain(i) Gas system annual revenues and ing the basis used in arriving at the volumes of natural gas related thereto, proposed rate. Such statement shall subdivided by classes of service, and clearly show whether such rate results further subdivided by sales to direct from negotiation, cost-of-service deterindustrial customers, sales to other gas mination, competitive factors utilities, and other sales, indicating others, and shall give the nature of billing quantities used for computing any studies which have been made in charges, e. g., actual demands, billing connection therewith.
(ii) When new rates or changes in 17, 1971; Order 415-C, 37 FR 28416, Dec. 23, present rates are proposed or when 1972; Order 474, 38 FR 13479, May 22, 1973; the proposed facilities will result in a Order 514, 39 FR 37975, Oct. 25, 1974) material change in applicant's average cost of service, such statement shall be
$ 157.15 Requirements for applications accompanied by supporting data show- covering acquisitions. ing:
An application for a certificate au(a) System cost of service for the thorizing acquisition of facilities, in first calendar year of operation after addition to complying with the appli. the proposed facilities are placed in cable provisions of 88 157.5 through service.
157.14, shall include statement (6) An allocation of such costs to showing: each particular service classification, (a) The exact legal name of the with the basis for each allocation vendor, lessor, or other party in interclearly stated.
(hereinafter referred to as (c) The proposed rate base and rate "vendor") the State or other laws of return.
under which vendor was organized, lo(d) Gas operating expenses, segre- cation of vendor's principal place of gated functionally by accounts.
business, and a description of the busi(e) Depletion and depreciation.
ness, operation or property of vendor W Taxes with the basis upon which covered by the application. computed.
(b) Any certificate from the Com(b) Additional exhibits. Applicant mission, held by vendor, relating dishall submit additional exhibits neces- rectly to the facilities which applicant sary to support or clarify its applica- seeks to acquire, citing the order, date tion. Such exhibits shall be identified thereof, docket designation, and title and designated provided by of the proceeding; reference to and $ 157.6(b)(6).
designation of any companion applica(c) Additional information. Upon re- tions by vendor for permission and apquest by the Secretary, prior to or proval pursuant to section 7(b) of the during hearing upon the application, Natural Gas Act. applicant shall submit such additional (c) The manner in which the facilidata, information, exhibits, or other ties are to be acquired, the consideradetail as may be specified. An original tion to be paid, the method of arriving and 7 conformed copies of such addi- at the amount thereof, and anticipattional information shall be furnished ed expenses in addition to the considto the Commission and shall conform eration. in all other respects with 88 1.15, 1.16, (d) The facilities to be acquired, and 1.17 of this chapter unless other- their present use, their proposed use wise directed by the Secretary. The after acquisition, and whether they Commission reserves the right to re- constitute all of vendor's facilities. quest additional copies.
(e) Any franchise, license, or permit (d) Availability of Commission staff respecting the facilities involved, for advice prior to formal filing. Prior showing expiration date thereof, and to filing an application, any person the effect of the proposed acquisition may informally confer with the staff thereon. of the Commission to obtain advice on any problem of statement or presenta
[17 FR 7389, Aug. 14, 1952) tion of an application or any part
$ 157.16 Exhibits relating to acquisitions. thereof.
In addition to the exhibits required (Secs. 3(e), 7, 8, 82 Stat. 721, 725; 49 U.S.C.
by $ 157.14, every application involving 1672, 1676, 1677)
acquisition of facilities shall be accom(17 FR 7387, Aug. 14, 1952, as amended by
panied by the exhibits listed below. Order 185, 21 FR 1486, Mar. 8, 1956; Order
Together with each exhibit applicant 196, 22 FR 2882, Apr. 24, 1957; Order 280, 29
shall set forth a full and complete exFR 4877, Apr. 7, 1964; Order 407, 35 FR 11390, July 16, 1970; Order 415, 35 FR
planation of the data submitted, the 18961, Dec. 15, 1970; Order 430, 36 FR 7052, manner in which it was obtained, and Apr. 14, 1971; Order 436, 36 FR 15530, Aug. the reasons for the conclusions which
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 xpiration 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.
(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, 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) $ 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.
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 8 157.9, 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 $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)
§ 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