[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: 18CFR157.205]

[Page 531-532]
 
           TITLE 18--CONSERVATION OF POWER AND WATER RESOURCES
 
  CHAPTER I--FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY
 
 PART 157_APPLICATIONS FOR CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY 
 
  Subpart F_Interstate Pipeline Blanket Certificates and Authorization 
  Under Section 7 of the Natural Gas Act for Certain Transactions and 
                               Abandonment
 
Sec. 157.205  Notice procedure.

    (a) Applicability. No activity described in Sec. Sec. 157.208(b), 
157.211(a)(2), 157.214 or 157.216(b), except for activity required to 
restore service in an emergency, is authorized by a blanket certificate 
granted under this subpart, unless, prior to undertaking such activity:
    (1) The notice requirements have been fulfilled in accordance with 
the provisions of this section; and
    (2) Either (i) no protest has been filed pursuant to paragraph (e) 
of this section or, (ii) if a protest has been filed, it has been 
withdrawn or dismissed pursuant to paragraph (g) of this section.
    (b) Contents. For any activity subject to the requirements of this 
section, the certificate holder must file with the Secretary of the 
Commission an original and seven copies, as prescribed in Sec. Sec. 
157.6(a) and 385.2011 of this chapter, a request for authorization under 
the notice procedures of this section that contains:
    (1) The exact legal name of the certificate holder and mailing 
address and telephone number of the person or persons to whom 
communications concerning the request are to be addressed;
    (2) The docket number in which its blanket certificate was issued;
    (3) Any information required in Sec. 157.208 through Sec. 157.218 
of this chapter for the particular activity;
    (4) A verified statement that the proposed activity complies with 
the requirements of this subpart;
    (5) A form of notice suitable for publication in the Federal 
Register which briefly summarizes the facts contained in the request 
with sufficient particularity so as to notify the public of its scope 
and purpose. The form of notice shall also include the name, address, 
and telephone number of an authorized contact person; and
    (6) Identities and docket numbers of other applications related to 
the transaction. All related filings must be made within 10 days of the 
first filing. Otherwise the applications on file will be rejected under 
paragraph (c) of this section without prejudice to refiling when all 
parties are ready to proceed.
    (c) Rejection of request. The Director of the Office of Pipeline 
Regulation shall reject within 10 days of the date of filing a request 
which patently fails to comply with the provisions of paragraph (b) of 
this section, without prejudice to the pipeline's refiling a complete 
application.
    (d) Publication of notice of request. (1) Unless the request has 
been rejected pursuant to paragraph (c) of this section, the Secretary 
of the Commission shall issue a notice of the request within 10 days of 
the date of the filing, which will then be published in the Federal 
Register. The notice shall designate a deadline for filing protests, or 
interventions to the request. The deadline shall be 45 days after the 
date of issuance of the notice of the request.
    (2) [Reserved]
    (e) Protests. (1) Any person or the Commission's staff may a protest 
prior to the deadline. Copies of the protest must be served on the 
Secretary of the Commission and the certificate holder.
    (2) Protests shall be filed in the following form:

United States of America Before the Federal Energy Regulatory Commission

[Name of pipeline holding the blanket certificate] Docket No. [Include 
both docket no. of the blanket certificate and the prior notice 
transaction]

            Protest to Proposed Blanket Certificate Activity

    (Name of Protestor) hereby protests the request filed by (Name of 
pipeline) to conduct a (construction of facilities, abandonment, etc.) 
under Sec. 157.---- of the Commission's regulations. Protestor seeks to 
have this request processed as a separate application.
    (Include a detailed statement of Protestor's interest in the 
activity and the specific reasons and rationale for the objection and 
whether the protestor seeks to be an intervener.)

    (f) Effect of protest. If a protest is filed in accordance with 
paragraph (e) of this section, then the certificate holder, the person 
who filed the protest, any intervenors, and staff shall have 30 days 
from the deadline determined in accordance with paragraph (d) of this 
section, to resolve the protest, and to file a withdrawal of the protest 
pursuant to paragraph (g) of this section. Informal settlement 
conferences may be convened by the Director of the Office of Pipeline 
Regulation or his designee.

[[Page 532]]

If a protest is not withdrawn or dismissed pursuant to paragraph (g) of 
this section, the activity shall not be deemed authorized by the blanket 
certificate. Instead, the request filed by the certificate holder shall 
be treated as an application for section 7 authorization for the 
particular activity. The Federal Register notice of the request shall be 
deemed to be notice of the section 7 application sufficient to fulfill 
the notice requirement of Sec. Sec. 157.9 and 157.10.
    (g) Withdrawal or dismissal of protests. The protestor may withdraw 
a protest within the 30 day period following the deadline determined in 
accordance with paragraph (d) of this section by submitting written 
notice of withdrawal to the Secretary of the Commission and serving a 
copy on the certificate holder, any intervenors and any other party 
requesting service. The withdrawal must state that the certificate 
holder and the protestor concur in the withdrawal. Within 10 days of the 
filing of a protest, the Director of the Office of Pipeline Regulation 
will dismiss that protest if it does not raise a substantive issue and 
fails to provide any specific detailed reason or rationale for the 
objection. If a protest is dismissed, the notice requirements of this 
section will not be fulfilled until the earlier of: (1) a 30 day period 
following the deadline determined in paragraph (d) of this section has 
run; or the dismissed protesting party notifying the Secretary of the 
Commission that its concerns have been resolved.
    (h) Final authorization. (1) If no protest is filed within the time 
allowed by the Secretary, the certificate holder is authorized to 
conduct the activity under its blanket certificate, effective on the day 
after time expires for filing protests and interventions unless, during 
that time, the certificate holder withdraws its application in 
accordance with Sec. 385.216 of this chapter.
    (2) If any protest is filed within the time allowed for protest and 
interventions and is subsequently withdrawn under paragraph (g) of this 
section, the certificate holder is authorized to conduct the activity 
under its blanket certificate, effective upon the day after the 
withdrawal of all protests, unless the certificate holder withdraws its 
application in accordance with Sec. 385.216 of this chapter prior to 
that date.

[Order 234, 47 FR 24266, June 4, 1982, as amended by Order 234-A, 47 FR 
38877, Sept. 3, 1982; Order 319, 48 FR 34888, Aug. 1, 1983; Order 436, 
50 FR 42490, Oct. 18, 1985; Order 494, 53 FR 15381, Apr. 29, 1988; Order 
493-B, 53 FR 49653, Dec. 9, 1988; Order 603, 64 FR 26607, May 14, 1999; 
Order 633, 68 FR 31605, May 28, 2003]