[Code of Federal Regulations]
[Title 18, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 18CFR152.1]

[Page 465]
 
           TITLE 18--CONSERVATION OF POWER AND WATER RESOURCES
 
  CHAPTER I--FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY
 
PART 152_APPLICATION FOR EXEMPTION FROM THE PROVISIONS OF THE NATURAL 
 
Sec. 152.1  Exemption applications and blanket certificates.

GAS ACT PURSUANT TO SECTION 1(C) THEREOF AND ISSUANCE OF BLANKET 
CERTIFICATES AUTHORIZING CERTAIN SALES FOR RESALE--Table of Contents




Sec.
152.1 Exemption applications and blanket certificates.
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: 15 U.S.C. 717-717w, 3301-3432; 42 U.S.C. 7101-7352.


    (a) 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.
    (b)(1)(i) For purposes of the Commission's regulations implementing 
the Natural Gas Act, ``vehicular natural gas'' or ``VNG'' means natural 
gas that will be used, in either a gaseous or liquefied state, as fuel 
in any self-propelled vehicle.
    (ii) For purposes of the Commission's regulations implementing the 
Natural Gas Act, vehicular natural gas, or VNG, is deemed to be 
ultimately consumed in the state in which the gas is physically 
delivered into the vehicle's fuel tank regardless of whether the tank is 
attached to the vehicle at the time it is filled.
    (2)(i) Blanket certificates of public convenience and necessity are 
issued pursuant to section 7(c) of the Natural Gas Act to all persons 
that engage in sales for resale of VNG that are subject to the 
Commission's authority under section 1(b) of the NGA, such authorization 
to be effective upon that person's engagement in the jurisdictional 
sale. A blanket certificate issued under this paragraph (b)(2)(i) is a 
certificate of limited jurisdiction which will not subject the 
certificate holder to any other regulation under the Natural Gas Act 
jurisdiction of the Commission by virtue of transactions under the 
certificate. Such certificate will not impair the continued validity of 
any Natural Gas Act exemption from Commission jurisdiction.
    (ii) A blanket certificate issued under paragraph (b)(2)(i) of this 
section authorizes the holder to make sales of VNG for resale in 
interstate commerce at market rates.
    (iii) Abandonment of the sales service authorized in paragraph 
(b)(2)(i) of this section is authorized pursuant to section 7(b) of the 
Natural Gas Act upon the expiration of the contractual term or upon 
termination of each individual sales arrangement.

(Sec. 1(c), 68 Stat. 36; 15 U.S.C. 717(c))

[Order 306, 30 FR 12729, Oct. 6, 1965, as amended by Order 543, 57 FR 
32894, July 24, 1992]