[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: 18CFR157.216]

[Page 539-540]
 
           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. 157.216  Abandonment.

    (a) Automatic authorization. The certificate holder is authorized 
pursuant to section 7(b) of the Natural Gas Act to abandon gas supply 
facilities, and:
    (1) A receipt or delivery point, or related supply or delivery 
lateral, provided the facility has not been used to provide:
    (i) Interruptible transportation service during the one year period 
prior to the effective date of the proposed abandonment, or
    (ii) Firm transportation service during the one year period prior to 
the effective date of the proposed abandonment, provided the point is no 
longer covered under a firm contract; or
    (2) An eligible facility that was installed pursuant to automatic 
authority under Sec. 157.208(a), or that now qualifies for automatic 
authority under Sec. 157.208(a), or a facility constructed under Sec. 
157.211, provided the certificate holder obtains the written consent of 
the customers that have received service through the facilities during 
the past 12 months.
    (b) Prior notice. Subject to the notice requirements of Sec. 
157.205, the certificate holder is authorized pursuant to section 7(b) 
of the Natural Gas Act to abandon:
    (1) Any receipt or delivery point if all of the existing customers 
of the pipeline served through the receipt or delivery point consent in 
writing to the abandonment. When filing a request for authorization of 
the proposed abandonment under the notice procedures of

[[Page 540]]

Sec. 157.205, the certificate holder shall notify, in writing, the 
State public service commission having regulatory authority over retail 
service to the customers served through the delivery point.
    (2) Any other facility which qualifies as an eligible facility, and 
which is not otherwise eligible for automatic authorization under 
paragraph (a)(2) of this section, provided the certificate holder 
obtains the written consent of all of the customers served through such 
facility. Consent is required from customers that have received service 
during the immediate past 12 months.
    (c) Contents of request. In addition to the requirements of Sec. 
157.205(b), requests filed for activities described under paragraph (b) 
shall describe:
    (1) The location, type, size, and length of the subject facilities;
    (2) The docket authorizing the construction and operation of the 
facilities to be abandoned;
    (3) For each facility an oath statement that all of the customers 
served during the past year by the subject facilities have consented to 
the abandonment, or an explanation of why the customers' consent is not 
available;
    (4) A proposed accounting treatment of any facilities to be 
abandoned.
    (5) For any abandonment resulting in earth disturbance, a USGS 7\1/
2\-minute-series (scale 1:24,000 or 1:25,000) topographic map (or map of 
equivalent or greater detail, as appropriate) showing the location of 
the proposed facilities.
    (d) Reporting requirements. The annual report filed by the 
certificate holder shall contain, for each abandonment authorized under 
paragraph (a) of this section:
    (1) A description of the facilities abandoned pursuant to this 
section;
    (2) The docket number(s) of the certificate(s) authorizing the 
construction and operation of the facilities to be abandoned;
    (3) The accounting treatment of the facilities abandoned; and
    (4) The date earth disturbance, if any, related to the abandonment 
began and the date the facilities were abandoned; and
    (5) The date of the agreements obtained pursuant to Sec. 
157.206(b)(3), if earth disturbance was involved.

[Order 234, 47 FR 24266, June 4, 1982, as amended by Order 234-A, 47 FR 
38877, Sept. 3, 1982; Order 603, 64 FR 26609, May 14, 1999; Order 603-A, 
64 FR 54536, Oct. 7, 1999]