152.1 Who may apply.

152.2 Form of application; number of copies; service.

152.3 Contents of application; filing fee. 152.4 Certificate from State Commission. 152.5 Applicability of exemption.

AUTHORITY: Secs. 3, 16, 52 Stat. 822, 830; 15 U.S.C. 717b, 7170, unless otherwise noted.

§ 152.1 Who may apply.

Application for exemption from the provisions of the Natural Gas Act and the rules and regulations of the Commission issued pursuant thereto may be made by any person as defined in the Natural Gas Act engaged in, or authorized to engage in the transportation in interstate commerce or the sale in interstate commerce for resale, of natural gas received by such applicant from another person within or at the boundary of a State, if all of the natural gas so received is ultimately consumed in such State: Provided, That the natural-gas rates (including rates for sales for resale) and service of the applicant and its natural-gas facilities are subject to regulation by a State Commission, as defined in the Natural Gas Act, and that such State Commission is exercising that jurisdiction. (Sec. 1(c). 68 Stat. 36; 15 U.S.C. 717(c)) [Order 306, 30 FR 12729, Oct. 6, 1965]

§ 152.2 Form of application; number of copies; service.

An original and 7 conformed copies of an application under this part shall be furnished to the Commission and shall conform in all other respects with 88 1.15 and 1.16 of this chapter. The Commission reserves the right to request additional copies. A copy of the application shall be served on the State Commission which has jurisdiction over the applicant and upon each wholesale customer of the applicant. (Sec. 1(c), 68 Stat. 36; 15 U.S.C. 717(c)) [Order 306, 30 FR 12729, Oct. 6, 1965]

§ 152.3 Contents of application; filing fee.

Every application shall be accompanied by the fee prescribed in Part 159 of this subchapter and shall set forth in the order indicated, the following:

(a) The exact legal name of applicant.

(b) The name, title, and postoffice address of the person to whom correspondence in regard to the application shall be addressed.

(c) A statement of pertinent facts as to the existing service, if any, or authorized service by applicant, including a showing that all of the natural gas which applicant receives from outof-State sources is and will be ultimately consumed within the State in which the operations sought to be exempted are conducted.

[Order 173, 19 FR 4276, July 13, 1954, as amended by Order 317, 31 FR 432, Jan. 13, 1966]

§ 152.4 Certificate from State Commission.

Applications for exemption under § 152.3 shall contain, or there shall be separately filed, a certificate from the appropriate State Commission that the natural-gas (a) rates (including rates for sales for resale), (b) service, and (c) facilities of the applicant are subject to the regulatory jurisdiction of the State Commission and that the State Commission is exercising such jurisdiction.

(Sec. 1(c), 68 Stat. 36; 15 U.S.C. 171(c)) [Order 306, 30 FR 12729, Oct. 6, 1965]

§ 152.5 Applicability of exemption.

Nothing in this part shall be construed to relieve any person exempted from the provisions of the Natural Gas Act by section 1(c) thereof from compliance with valid State regulatory requirements. If an exemption from the provisions of the Natural Gas Act is effective pursuant to section 1(c), the exempted person shall be responsible for calling to the attention of the State Commission by which it is regulated and of the Federal Power Com

mission any future operations in which it may engage which may make the exemption inapplicable to it. The exempted person shall also be responsible for calling to the attention of the Federal Power Commission any changes, amendment, or judicial or administrative interpretation of the State law pursuant to which it is regulated, which may make the exemption inapplicable to it.

(Sec. 1(c), 68 Stat. 36; 15 U.S.C. 717(c)) [Order 306, 30 FR 12729, Oct. 6, 1965]

APPLICATION FOR CONSTRUCTION, OPERATION, MAINTENANCE, or ConneCTION AT INTERNATIONAL BOUNDARY, OF FACILITIES FOR EXPORTATION OR IMPORTATION OF NATURAL GAS

153.10 Who shall apply.

153.11 Contents of application; number of copies; filing fee.

153.12 Other information.

AUTHORITY: Secs. 3, 16, 52 Stat. 822, 830; 15 U.S.C. 717b, 717o; E.O. 10485, 3 CFR, 1949-1953 Comp., p. 970, unless otherwise noted.

SOURCE: Order 141, 12 FR 8596, Dec. 19, 1947, unless otherwise noted.

§ 153.1 Who shall apply.

(a) Any person proposing to export natural gas from the United States to a foreign country or to import natural gas from a foreign country, pursuant to the provisions of section 3 of the Natural Gas Act, shall make an application for authorization therefor under this part.

(b) In connection with applications under this section, attention is directed to the provisions of §§ 153.10 to 153.12, inclusive, relative to applica

tions for Presidential Permits for the construction, operation, maintenance, or connection, at the borders of the United States, of facilities for the exportation and importation of natural gas to or from a foreign country in compliance with Executive Order No. 8202, dated July 13, 1939.

[Order 160, 16 FR 6751, July 12, 1951]

NOTE: Executive Order No. 8202 was revoked and superseded by Executive Order No. 10485, Sept. 3, 1953, 18 FR 5397; 3 CFR, 1949-1953 Comp., p. 970.

§ 153.2 Form and time of filing; number of copies.

An original and 7 conformed copies of an application under this part shall be furnished to the Commission and shall conform in all other respects with §§ 1.15 and 1.16 of this chapter. The Commission reserves the right to request additional copies. Such application shall be made at least 30 days in advance of the proposed exportation or importation, except where otherwise ordered by the Commission for good cause shown.

[Order 196, 22 FR 2882, Apr. 24, 1957]

§ 153.3 Contents of application; filing fee. Every application shall be accompanied by the fee prescribed in Part 159 of this subchapter and shall set forth in the order indicated, the following:

(a) The exact legal name of applicant;

(b) The name, title, and post office address of the person to whom correspondence in regard to the application shall be addressed;

(c) If a corporation, the State or Territory under the laws of which the applicant was organized, and the town or city where applicant's principal office is located. If applicant is incorporated under the laws of, or authorized to operate in more than one State, all pertinent facts should be stated;

(d) A statement giving the name and location of the field or fields in which the gas proposed to be exported or imported is produced and the most recent estimate of the remaining natural gas reserves in such field or fields;

(e) If the application is for authority to export natural gas, state the name

of the purchaser of the gas proposed to be exported, its proposed use in the foreign country, and the rate or rates proposed to be charged the purchaser for such gas, together with the rate or rates charged by the applicant for similar service, if rendered in the United States;

(f) If the application is for authority to import natural gas, state the name of the seller and of the producer of the gas proposed to be imported, and the rate or rates proposed to be paid by the applicant for the said gas;

(g) A description of the facilities utilized in the proposed exportation or the importation of natural gas;

(h) A statement of the reasons why the proposed exportation or importation of natural gas (1) will not be inconsistent with the public interest and (2) will not in any way impair the ability of applicant to render natural gas service at reasonable rates to its customers in the United States.

[Order 141, 12 FR 8596, Dec. 19, 1947, as amended by Order 317, 31 FR 432, Jan. 13, 1966]

§ 153.4 Required exhibits.

(a) There shall be filed with the application and as a part thereof the following exhibits:

Exhibit A. Photostatic or certified copy of articles of incorporation and by-laws of applicant company;

Exhibit B. A detailed statement of the financial and corporate relationship existing between applicant and any other person or corporation;

Exhibit C. Statement, including signed opinion of counsel, showing that the exportation or the importation of natural gas is within the corporate powers of applicant, and that applicant has complied with State laws and with the rules and regulations of State regulatory authorities in the State or States in which applicant operates;

Exhibit D. If the application is for authority to export natural gas, copy of the contract or contracts with purchasers in the foreign country of the natural gas proposed to be exported by applicant;

Exhibit E. If the application is for authority to import natural gas, copy of the contract or contracts with the producer or seller in the foreign country of the natural gas proposed to be imported;

Exhibit F. A general or key map on a scale not greater than 20 miles to the inch, showing the physical location of the facilities uti

lized in the applicant's proposed export or import operations. The map should indicate with particularity the ownership of such facilities at or on each side of the border between the United States and the foreign country.

(b) Any exhibit required by this section already on file with the Commission may be incorporated by reference.

§ 153.5 Other information.

The applicant shall furnish such additional information as the Commission may deem pertinent.

§ 153.6 Transferability.

(a) Authorizations to export natural gas from the United States to a foreign country or to import natural gas from a foreign country granted by order of the Commission under §§ 153.1 to 153.5 inclusive pursuant to section 3 of the Natural Gas Act shall not be transferable or assignable. The Commission order granting the authorization may, however, provide that the authorization shall continue in effect temporarily for a reasonable time in the event of the involuntary transfer of facilities used thereunder by operation of law (including such transfers to receivers, trustees, or purchasers under foreclosure or judicial sale) pending the making of an application for permanent authorization and decision thereon, provided notice is promptly given in writing to the Commission accompanied by a statement that the physical facts relating to sufficiency of supply, rates, and nature of use remain substantially the same as before the transfer and as stated in the initial application for such authorization.

(b) The Commission may also, at any time subsequent to the original order of authorization, from time to time, after opportunity for hearing, make such supplemental orders in the premises as it may find necessary or appropriate.

§ 153.7 Authorization not exclusive.

No authorization granted pursuant to section 3 of the Natural Gas Act shall be deemed to prevent authorization being granted to any other person to export natural gas from the United

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