[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: 18CFR157.208] [Page 534-536] 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. 157.208 Construction, acquisition, operation, replacement, and miscellaneous rearrangement of facilities. (a) Automatic authorization. If the project cost does not exceed the cost limitations set forth in column 1 of Table I, under paragraph (d) of this section, or if the project is required to restore service in an emergency, the certificate holder is authorized to make miscellaneous rearrangements of any facility, or acquire, construct, replace, or operate any eligible facility. The certificate holder shall not segment projects in order to meet the cost limitations set forth in column 1 of Table I. (b) Prior notice. If the project cost is greater than the amount specified in column 1 of Table I, but less than the amount specified in column 2 of Table I, the certificate holder is authorized to make miscellaneous rearrangements of any facility, or acquire, construct, replace, or operate any eligible facility. The certificate holder shall not segment projects in order to meet the cost limitations set forth in column 2 of Table I. (c) Contents of request. In addition to the requirements of Sec. 157.205(b), requests filed for activities described under paragraph (b) of this section shall contain: (1) A description of the purpose of the proposed facilities including their relationship to other existing or planned facilities; (2) A detailed description of the proposed facilities specifying length, diameter, wall thickness and maximum operating pressure for pipeline; and for compressors, the size, type, and number of compressor units, horsepower required, horsepower existing and proposed, volume of fuel gas, suction and discharge pressure and compression ratio; (3) A USGS 7\1/2\ minute series (scale 1:24000) topographic map (or map of equivalent or greater detail, as appropriate) showing the location of the proposed facilities, and indicating the location of any sensitive environmental areas within one-quarter mile of project-related construction activities; (4) A map showing the relationship of the proposed facilities to the applicant's existing facilities; (5) A flow diagram or comparative study showing daily design capacity, daily maximum capacity and operating pressures with and without the proposed facilities for that portion of the certificate holder's system affected by the proposal; (6) The estimated cost and method of financing the proposed facilities; (7) A statement explaining how the public convenience and necessity requires the approval of the project; (8) For acquisitions of facilities: (i) A statement referencing the date of issuance, docket number and title of the proceeding for any certificate issued by the Commission authorizing the facilities proposed to be acquired; and [[Page 535]] (ii) The amounts recorded in the accounts of the vendor (seller or lessor) that apply to the facilities proposed to be acquired and the accumulated provisions for depreciation, depletion, and amortization; (9) A concise analysis discussing the relevant issues outlined in Sec. 380.12 of this chapter. The analysis must identify the existing environmental conditions and the expected significant impacts that the proposed action, including proposed mitigation measures, will cause to the quality of the human environment, including impact expected to occur to sensitive environmental areas. When compressor facilities are proposed, the analysis must also describe how the proposed action will be made to comply with applicable State Implementation Plans developed under the Clean Air Act. The analysis must also include a description of the contacts made, reports produced, and results of consultations which took place to ensure compliance with the Endangered Species Act, National Historic Preservation Act and the Coastal Zone Management Act. Include a copy of the agreements received for compliance with the Endangered Species Act, National Historic Preservation Act, and Coastal Zone Management Act. (d) Limits and inflation adjustment. The limits specified in Tables I and II shall be adjusted each calendar year to reflect the ``GDP implicit price deflator'' published by the Department of Commerce for the previous calendar year. The Director of the Office of Pipeline Regulation is authorized to compute and publish limits for future calendar years as a part of Tables I and II, pursuant to Sec. 375.307(d) of this chapter. Table I ------------------------------------------------------------------------ Limit ------------------------------- Year Auto. proj. Prior notice cost limit proj. cost (Col.1) limit (Col.2) ------------------------------------------------------------------------ 1982.................................... $4,200,000 $12,000,000 1983.................................... 4,500,000 12,800,000 1984.................................... 4,700,000 13,300,000 1985.................................... 4,900,000 13,800,000 1986.................................... 5,100,000 14,300,000 1987.................................... 5,200,000 14,700,000 1988.................................... 5,400,000 15,100,000 1989.................................... 5,600,000 15,600,000 1990.................................... 5,800,000 16,000,000 1991.................................... 6,000,000 16,700,000 1992.................................... 6,200,000 17,300,000 1993.................................... 6,400,000 17,700,000 1994.................................... 6,600,000 18,100,000 1995.................................... 6,700,000 18,400,000 1996.................................... 6,900,000 18,800,000 1997.................................... 7,000,000 19,200,000 1998.................................... 7,100,000 19,600,000 1999.................................... 7,200,000 19,800,000 2000.................................... 7,300,000 20,200,000 2001.................................... 7,400,000 20,600,000 2002.................................... 7,500,000 21,000,000 2003.................................... 7,600,000 21,200,000 2004.................................... 7,800,000 21,600,000 (e) Reporting requirements. For each facility completed during the calendar year pursuant to paragraph (a) of this section, the certificate holder shall file in the manner prescribed in Sec. Sec. 157.6(a) and 385.2011 of this chapter as part of the required annual report under Sec. 157.207(a) the information described in paragraphs (e)(1)-(5) of this section. For each facility completed during the calendar year pursuant to paragraph (b) of this section, the certificate holder shall file in the manner prescribed above only the information described in paragraph (e)(3) of this section. (1) A description of the facilities installed pursuant to this section, including a description of the length and size of pipelines, compressor horsepower, metering facilities, taps, valves, and any other facilities constructed; (2) The specific purpose, location, and beginning and completion date of construction of the facilities installed, the date service commenced, and, if applicable, a statement indicating the extent to which the facilities were jointly constructed; (3) The actual installed cost of each facility item listed pursuant to paragraph (e)(1), separately stating the cost of materials and labor as well as other costs allocable to the facilities; (4) A description of the contacts made, reports produced, and results of consultations which took place to ensure compliance with the Endangered Species Act, the National Historic Preservation Act and the Coastal Zone Management Act; (5) For acquisitions of facilities: [[Page 536]] (i) A statement referencing the date of issuance, docket number and title of the proceeding for any certificate issued by the Commission authorizing the facilities acquired; and (ii) The amounts recorded in the accounts of the vendor (seller or lessor) that apply to the facilities acquired and the accumulated provisions for depreciation, depletion, and amortization. (f) Special conditions. (1) For purposes of comparing the project cost of leased facilities with the per-project cost limitations in Table I of this section, the project cost of leased facilities shall be the annual lease charge multiplied by the number of years of the lease. (2) In the interest of safety and reliability of service, facilities authorized by the certificate shall not be operated at pressures exceeding the maximum operating pressure set forth in the request. In the event that the certificate holder thereafter wishes to change the maximum operating pressure of supply or delivery lateral facilities constructed under section 7(c) of the Natural Gas Act or facilities constructed under this section, it shall file an appropriate request pursuant to the procedures set forth in Sec. 157.205(b). Such request shall include the reasons for the proposed change. Nothing contained herein authorizes the certificate holder to operate any facility at a pressure above the maximum prescribed by State law, if such law requires a lower pressure than authorized hereby. (g) If the actual cost of the project exceeds the per-project cost authorized under a blanket certificate in Table I of this section, the certificate holder shall apply to the Director of the Office of Pipeline Regulation for a waiver of those project cost limits. [Order 234, 47 FR 24266, June 4, 1982, as amended by Order 486, 52 FR 47910, Dec. 17, 1987; Order 493, 53 FR 15030, Apr. 27, 1988; 56 FR 7565, Feb. 25, 1991; 57 FR 4717, Feb. 10, 1992; 58 FR 6893, Feb. 3, 1993; 59 FR 5947, Feb. 9, 1994; 59 FR 6658, Feb. 3, 1995; 59 FR 7821, Feb. 9, 1995; 61 FR 8213, Mar. 4, 1996; 62 FR 5914, Feb. 10, 1997; 63 FR 6477, Feb. 9, 1998; 64 FR 8239, Feb. 19, 1999; Order 603, 64 FR 26608, May 14, 1999; Order 603-A, 64 FR 54536, Oct. 7, 1999; 65 FR 12115, Mar. 8, 2000; 66 FR 14486, Mar. 13, 2001; 67 FR 6168, Feb. 11, 2002; 68 FR 8711, Feb. 25, 2003; Order 633, 68 FR 31605, May 28, 2003; 69 FR 9206, Feb. 27, 2004]