[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: 18CFR157.6] [Page 510-512] 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 A_Applications for Certificates of Public Convenience and Sec. 157.6 Applications; general requirements. (a) Applicable rules--(1) Submission required to be furnished by applicant under this subpart. Applications, amendments thereto, and all exhibits and other submissions required to be furnished by an applicant to the Commission under this subpart must be submitted in an original and 7 conformed copies. To the extent that data required under this subpart has been provided to the Commission, this data need not be duplicated. The applicant must, however, include a statement identifying the forms and records containing the required information and when that form or record was submitted. (2) Maps and diagrams. An applicant required to submit a map or diagram under this subpart must submit one paper copy of the map or diagram. (3) The following must be submitted in electronic format as prescribed by the Commission: (i) Applications filed under this part 157 and all attached exhibits; (ii) Applications covering acquisitions and all attached exhibits; (iii) Applications for temporary certificates and all attached exhibits; (iv) Applications to abandon facilities or services and all attached exhibits; (v) The progress reports required under Sec. 157.20(c) and (d); (vi) Applications submitted under subpart E of this part and all attached exhibits; (vii) Applications submitted under subpart F of this part and all attached exhibits; (viii) Requests for authorization under the notice procedures established in Sec. 157.205 and all attached exhibits; (ix) The annual report required by Sec. 157.207; (x) The report required under Sec. 157.214 when storage capacity is increased; (xi) Amendments to any of the foregoing. (4) All filings must be signed in compliance with the following. (i) The signature on a filing constitutes a certification that: The signer has read the filing signed and knows the contents of the paper copies and electronic filing; the paper copies contain the same information as contained in the electronic filing; the contents as stated in the copies and in the electronic filing are true to the best knowledge and belief of the signer; and the signer possesses full power and authority to sign the filing. (ii) A filing must be signed by one of the following: (A) The person on behalf of whom the filing is made; (B) An officer, agent, or employee of the governmental authority, agency, or instrumentality on behalf of which the filing is made; or, (C) A representative qualified to practice before the Commission under Sec. 385.2101 of this chapter who possesses authority to sign. (5) Suitable means of electronic transmission or electronic media suitable for Commission filings are listed in the instructions for each form and filing. Lists of suitable electronic media are available upon request from the Commission. The formats for the electronic filing and paper copy can be obtained at the Federal Energy Regulatory Commission, Public Information and Reference Branch, 888 First Street, NE., Washington, DC 20426. (6) Other requirements. Applications under section 7 of the Natural Gas Act must conform to the requirements of Sec. Sec. 157.5 through 157.14. Amendments to or withdrawals of applications must conform to the requirements of Sec. Sec. 385.213 and 385.214 of this chapter. If the application involves an acquisition of facilities, it must conform to the additional requirements prescribed in Sec. Sec. 157.15 and 157.16. If the application involves an abandonment of facilities or service, it must conform to the additional requirements prescribed in Sec. 157.18. (b) General content of application. Each application filed other than an application for permission and approval to abandon pursuant to section 7(b) shall be accompanied by the fee prescribed in part 381 of this chapter or a petition for waiver pursuant to [[Page 511]] Sec. 381.106 of this chapter and shall set forth the following information: (1) The exact legal name of applicant; its principal place of business; whether an individual, partnership, corporation, or otherwise; State under the laws of which organized or authorized; and the name, title, and mailing address of the person or persons to whom communications concerning the application are to be addressed. (2) The facts relied upon by applicant to show that the proposed service, sale, operation, construction, extension, or acquisition is or will be required by the present or future public convenience and necessity. (3) A concise description of applicant's existing operations. (4) A concise description of the proposed service, sale, operation, construction, extension, or acquisition, including the proposed dates for the beginning and completion of construction, the commencement of operations and of acquisition, where involved. (5) A full statement as to whether any other application to supplement or effectuate applicant's proposals must be or is to be filed by applicant, any of applicant's customers, or any other person, with any other Federal, State, or other regulatory body; and if so, the nature and status of each such application. (6) A table of contents which shall list all exhibits and documents filed in compliance with Sec. Sec. 157.5 through 157.18, as well as all other documents and exhibits otherwise filed, identifying them by their appropriate titles and alphabetical letter designations. The alphabetical letter designations specified in Sec. Sec. 157.14, 157.16, and 157.18 must be strictly adhered to and extra exhibits submitted at the volition of applicant shall be designated in sequence under the letter Z (Z1, Z2, Z3, etc.). (7) A form of notice suitable for publication in the Federal Register, as contemplated by Sec. 157.9, which will briefly summarize the facts contained in the application in such way as to acquaint the public with its scope and purpose. The form of notice shall also include the name, address, and telephone number of an authorized contact person. (8) For applications to construct new facilities, detailed cost-of- service data supporting the cost of the expansion project, a detailed study showing the revenue responsibility for each firm rate schedule under the pipeline's currently effective rate design and under the pipeline's proposed rates, a detailed rate impact analysis by rate schedule (including by zone, if applicable), and an analysis reflecting the impact of the fuel usage resulting from the proposed expansion project (including by zone, if applicable). (c) Requests for shortened procedure. If shortened procedure is desired a request therefor shall be made in conformity with Sec. 385.802 of this chapter and may be included in the application or filed separately. (d) Landowner notification. (1) For all applications filed under this subpart which include construction of facilities or abandonment of facilities (except for abandonment by sale or transfer where the easement will continue to be used for transportation of natural gas), the applicant shall make a good faith effort to notify all affected landowners and towns, communities, and local, state and federal governments and agencies involved in the project: (i) By certified or first class mail, sent within 3 business days following the date the Commission issues a notice of the application; or (ii) By hand, within the same time period; and (iii) By publishing notice twice of the filing of the application, no later than 14 days after the date that a docket number is assigned to the application, in a daily or weekly newspaper of general circulation in each county in which the project is located. (2) All affected landowners includes owners of property interests, as noted in the most recent county/city tax records as receiving the tax notice, whose property: (i) Is directly affected (i.e., crossed or used) by the proposed activity, including all facility sites, rights-of-way, access roads, pipe and contractor yards, and temporary workspace; (ii) Abuts either side of an existing right-of-way or facility site owned in fee by any utility company, or abuts the edge of a proposed facility site or [[Page 512]] right-of-way which runs along a property line in the area in which the facilities would be constructed, or contains a residence within 50 feet of the proposed construction work area; (iii) Contains a residence within one-half mile of proposed compressors or their enclosures or LNG facilities; or (iv) Is within the area of proposed new storage fields or proposed expansions of storage fields, including any applicable buffer zone. (3) The notice shall include: (i) The docket number of the filing; (ii) The most recent edition of the Commission's pamphlet that explains the Commission's certificate process and addresses the basic concerns of landowners. Except: pipelines are not required to include the pamphlet in notifications of abandonments or in the published newspaper notice. Instead, they should provide the title of the pamphlet and indicate its availability at the Commission's Internet address; (iii) A description of the applicant and the proposed project, its location (including a general location map), its purpose, and the timing of the project; (iv) A general description of what the applicant will need from the landowner if the project is approved, and how the landowner may contact the applicant, including a local or toll-free phone number and a name of a specific person to contact who is knowledgeable about the project; (v) A brief summary of what rights the landowner has at the Commission and in proceedings under the eminent domain rules of the relevant state. Except: pipelines are not required to include this information in the published newspaper notice. Instead, the newspaper notice should provide the Commission's Internet address and the telephone number for the Commission's Office of External Affairs; and (vi) Information on how the landowner can get a copy of the application from the company or the location(s) where a copy of the application may be found as specified in Sec. 157.10. (vii) A copy of the Commission's notice of application, specifically stating the date by which timely motions to intervene are due, together with the Commission's information sheet on how to intervene in Commission proceedings. Except: pipelines are not required to include the notice of application and information sheet in the published newspaper notice. Instead, the newspaper notice should indicate that a separate notice is to be mailed to affected landowners and governmental entities. (4) If the notice is returned as undeliverable, the applicant will make a reasonable attempt to find the correct address and notify the landowner. (5) Within 30 days of the date the application was filed, applicant shall file an updated list of affected landowners, including information concerning notices that were returned as undeliverable. (6) If paragraph (d)(3) of this section requires an applicant to reveal Critical Energy Infrastructure Information (CEII), as defined by Sec. 388.113(c) of this chapter, to any person, the applicant shall follow the procedures set out in Sec. 157.10(d). [17 FR 7386, Aug. 14, 1952, as amended by Order 196, 22 FR 2882, Apr. 24, 1957; Order 217, 24 FR 9474, Nov. 25, 1959; Order 280, 29 FR 4876, Apr. 7, 1964; Order 317, 31 FR 432 Jan. 13, 1966; Order 225, 47 FR 19057, May 3, 1982; Order 433, 50 FR 40345, Oct. 3, 1985; Order 493, 53 FR 15028, Apr. 27, 1988; Order 493-B, 53 FR 49653, Dec. 9, 1988; Order 603, 64 FR 26604, May 14, 1999; Order 603-A, 64 FR 54535, Oct. 7, 1999; Order 609, 64 FR 57390, Oct. 25, 1999; Order 609-A, 65 FR 15238, Mar. 22, 2000; Order 643, 68 FR 52095, Sept. 2, 2003]