Page images
PDF
EPUB

(xii) Conformed copies of all applications and supporting exhibits, registration statements, or other similar submittals, if any, to the Securities and Exchange Commission, including all supplements, changes or modifications of the above.

(xiii) Any additional data and information upon which applicant proposes to rely in showing the adequacy and availability to it of resources for financing its proposed project.

(15) Exhibit M-Construction, operation, and management. A concise statement setting forth arrangements for supervision, management, engineering, accounting, legal, or other similar service to be rendered in connection with the construction or operation of the project, if not to be performed by employees of applicant, including reference to any existing or contemplated agreements therefor, together with:

(i) A statement showing affiliation between applicant and any parties to such agreements or arrangements. See Exhibit D, paragraph (a)(4) of this section.

(ii) Conformed copies of all construction, engineering, management, and other similar service agreements or contracts in any way operative with respect to construction, operation, or financing of facilities which are the subject of the application or will be applicable under system operations.

(16) Exhibit N-Revenues-Expenses-Income. When the estimated revenues and expenses related to a proposed facility will significantly affect the operating revenues or operating expenses of an applicant, there shall be submitted a system-wide statement for the last year preceding the proposed construction or service and pro forma system-wide and incremental statements for each of the first three full years of operation of the proposed facilities, showing:

(i) Gas system annual revenues and volumes of natural gas related thereto, subdivided by classes of service, and further subdivided by sales to direct industrial customers, sales to other gas utilities, and other sales, indicating billing quantities used for computing charges, e. g., actual demands, billing

demands, volumes, heat-content adjustment or other determinants. In addition, if enlargement or extension of facilities is involved, the revenues attributable solely to the proposed facilities shall be stated separately, and the basis and data used in such computation shall be clearly shown.

(ii) Gas system annual operating expenses classified in accordance with the Commission's Uniform System of Accounts for Natural Gas Companies; the annual depreciation, depletion, taxes, utility income, and resulting rate of return on net investment in gas plant including working capital. In addition if enlargement or extension of facilities is involved, the cost of service attributable solely to the proposed facilities shall be stated separately with supporting data.

(iii) When the data required in subdivisions (i) and (ii) of this subparagraph is not submitted, applicant shall provided in lieu thereof a statement in sufficient detail to show clearly the effect on the operating revenues and operating expenses of the estimated revenues and expenses related to the proposed facility.

(17) Exhibit O—Depreciation and depletion. Depreciation and depletion rates to be established, the method of determination and the justification therefor.

(18) Exhibit P-Tariff. (i) A statement of the rates to be charged for the proposed sales or service, including: (a) Identification of the applicable presently effective rate schedules, when no additional tariff filings will be required, or (b) when changes are required in applicant's presently effective tariff, or if applicant has no tariff, pro forma copies of appropriate changes in or additions to the effective tariff or a pro forma copy of the new gas tariff proposed, or (c) when a new rate is proposed, a statement explaining the basis used in arriving at the proposed rate. Such statement shall clearly show whether such rate results from negotiation, cost-of-service determination, competitive factors or others, and shall give the nature of any studies which have been made in connection therewith.

(ii) When new rates or changes in present rates are proposed or when the proposed facilities will result in a material change in applicant's average cost of service, such statement shall be accompanied by supporting data show

ing:

(a) System cost of service for the first calendar year of operation after the proposed facilities are placed in service.

(b) An allocation of such costs to each particular service classification, with the basis for each allocation clearly stated.

(c) The proposed rate base and rate of return.

(d) Gas operating expenses, segregated functionally by accounts.

(e) Depletion and depreciation.

Taxes with the basis upon which computed.

(b) Additional exhibits. Applicant shall submit additional exhibits necessary to support or clarify its application. Such exhibits shall be identified and designated as provided § 157.6(b)(6).

by

(c) Additional information. Upon request by the Secretary, prior to or during hearing upon the application, applicant shall submit such additional data, information, exhibits, or other detail as may be specified. An original and 7 conformed copies of such additional information shall be furnished to the Commission and shall conform in all other respects with §§ 1.15, 1.16, and 1.17 of this chapter unless otherwise directed by the Secretary. The Commission reserves the right to request additional copies.

(d) Availability of Commission staff for advice prior to formal filing. Prior to filing an application, any person may informally confer with the staff of the Commission to obtain advice on any problem of statement or presentation of an application or any part thereof.

(Secs. 3(e), 7, 8, 82 Stat. 721, 725; 49 U.S.C. 1672, 1676, 1677)

[17 FR 7387, Aug. 14, 1952, as amended by Order 185, 21 FR 1486, Mar. 8, 1956; Order 196, 22 FR 2882, Apr. 24, 1957; Order 280, 29 FR 4877, Apr. 7, 1964; Order 407, 35 FR 11390, July 16, 1970; Order 415, 35 FR 18961, Dec. 15, 1970; Order 430, 36 FR 7052, Apr. 14, 1971; Order 436, 36 FR 15530, Aug.

17, 1971; Order 415-C, 37 FR 28416, Dec. 23, 1972; Order 474, 38 FR 13479, May 22, 1973; Order 514, 39 FR 37975, Oct. 25, 1974]

§ 157.15 Requirements for applications covering acquisitions.

An application for a certificate authorizing acquisition of facilities, in addition to complying with the applicable provisions of §§ 157.5 through 157.14, shall include a statement showing:

(a) The exact legal name of the vendor, lessor, or other party in interest (hereinafter referred to as "vendor") the State or other laws under which vendor was organized, location of vendor's principal place of business, and a description of the business, operation or property of vendor covered by the application.

(b) Any certificate from the Commission, held by vendor, relating directly to the facilities which applicant seeks to acquire, citing the order, date thereof, docket designation, and title of the proceeding; reference to and designation of any companion applications by vendor for permission and approval pursuant to section 7(b) of the Natural Gas Act.

(c) The manner in which the facilities are to be acquired, the consideration to be paid, the method of arriving at the amount thereof, and anticipated expenses in addition to the consideration.

(d) The facilities to be acquired, their present use, their proposed use after acquisition, and whether they constitute all of vendor's facilities.

(e) Any franchise, license, or permit respecting the facilities involved, showing expiration date thereof, and the effect of the proposed acquisition thereon.

[17 FR 7389, Aug. 14, 1952]

§ 157.16 Exhibits relating to acquisitions.

In addition to the exhibits required by § 157.14, every application involving acquisition of facilities shall be accompanied by the exhibits listed below. 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

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, reinoving 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]

§ 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 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 §§ 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]

§ 157.11 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

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]

§ 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

[blocks in formation]

§ 157.14

[ocr errors][ocr errors][ocr errors][merged small][merged small][ocr errors][ocr errors][ocr errors]

bart of a rejected application may be Secretary's notice shall be advised by incorporated by reference.

Interdependent

applications.

When an application considered alone * complete and depends vitally upon information in another application, it will not of accepted for filing until the supporting application has been filed. With applicatious we interdependent, tas y sunil ye fled concurrently.

(d) Measurement base, All gas volincluding gas purchased from producers, shall be stated upon a uniform basis of measurement, and, in adention if the uniform basis of meamulticut used in any application is 14 43 pala, then any voluit or volumes delivered to or recrivee figu. any unlcistate natural-gas Pipeline company shall also be stated

[ocr errors]
[ocr errors]

# of 14 rapela, similarly, yolance on all summary sheets, Wel. Kas totals of volumes in ang cangit mail also he stated upon * box of 142 *** # the uniform glen var sanct and is other

[ocr errors]
[ocr errors][ocr errors][ocr errors][ocr errors][ocr errors][ocr errors][merged small][ocr errors][ocr errors][ocr errors]

14 loeg aa amended by Dave Maj # jang. Order

[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors][ocr errors]
[ocr errors]
[ocr errors]

וין

[ocr errors]

the applicant of the afore-specified exhibits and testimony, and shall be furnished 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 affected 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 oper

cons, & detailed explanation of each such relationship, including the percentage of voting strength represented hy such ownership of securities. If any person or organized group of persons, directly or indirectly, owns, controls, di holds with power to vote, 10 percent or more of the outstanding voting seensities of applicant-8 detailed explanation, of each, such relationship.

(b) Frhidi: F-Other pending applibetons and things. A list of other applosions and filings under sections 1, Xe and 7 a. the Natural Gas Act filed hy the applicant which are pending before the Commission at the time of the filing of ar application and which wash and significantly affect the wonboshar fled including an expla PRESOP A RIX material effect the grant don a. those other applications

[merged small][ocr errors]
« PreviousContinue »