[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: 18CFR281.211]

[Page 728-729]
 
           TITLE 18--CONSERVATION OF POWER AND WATER RESOURCES
 
  CHAPTER I--FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY
 
PART 281_NATURAL GAS CURTAILMENT UNDER THE NATURAL GAS POLICY ACT OF 
1978--Table of Contents
 
                  Subpart B_Permanent Curtailment Rule
 
Sec. 281.211  Filing and documentation.

    (a) Priority 1--(1) Direct sales customers and local distribution 
companies. (i) Each request of a direct sale customer and local 
distribution company customer for reclassification of high-priority 
entitlements (as defined in Sec. 281.206) to priority 1 entitlements 
shall be made in writing no later than July 31, 1979, and shall be 
accompanied by the data described in paragraph (a)(1)(ii) of this 
section.
    (ii)(A) A table indicating high-priority entitlements (as defined in 
Sec. 281.206) and the end-use of the natural gas in each priority of 
service category in the currently effective curtailment plan for which 
priority 1 reclassification is requested.
    (B) A copy of the end-use data used to establish the high-priority 
requirements and designated end-use of the natural gas.
    (2) Interstate pipelines. (i) Each interstate pipeline purchaser 
which reclassifies high-priority requirements of its

[[Page 729]]

customers as priority 1 entitlements may request that its high-priority 
requirements in the currently effective curtailment plan of its 
interstate pipeline suppliers (equal to the attributable priority 1 
entitlements) be reclassified as priority 1 entitlements. Such requests 
shall be made in writing no later than August 31, 1979 and shall be 
accompanied by the data described in paragraph (a)(2)(ii) of this 
section.
    (ii)(A) A table indicating high-priority entitlements (as defined in 
Sec. 281.206) and end-use of the natural gas in each priority of 
service category in the currently effective curtailment plan of the 
interstate pipeline supplier for which priority 1 reclassification is 
requested.
    (B) A copy of the end-use data used to establish the high-priority 
requirements and designated end-use of the natural gas.
    (C) A table indicating the volumes and priority of service 
categories for which each of direct sale customers and local 
distribution company customers sought reclassification to priority 1.
    (b) Priority 2--(1) Essential agricultural users. (i) Each request 
for classification of essential agricultural requirements as priority 2 
entitlements shall be made in writing to the local distribution company 
supplier or the direct interstate pipeline supplier, as appropriate, no 
later than June 15 of each year, and shall set forth all calculations 
made in accordance with this subpart.
    (ii) The request shall be accompanied by a statement that;
    (A) Indicates the intended end-use(s) and volume(s) of the natural 
gas for which priority 2 entitlements are requested.
    (B) Indicates the SIC Code activities of the essential agricultural 
user which qualifies it as an essential agricultural user in accordance 
with 7 CFR 2900.3.
    (C) Includes the data and calculations used to determine essential 
agricultural requirements under 7 CFR 2900.4.
    (D) Includes with respect to any essential agricultural user to 
which Subpart C applies the data and calculations necessary to determine 
alternative fuel volumes under Sec. 281.304.
    (iii) The statement under paragraph (b)(1)(ii) shall be signed by a 
responsible official of the essential agricultural user. Such official 
shall swear or affirm that the statements are true to the best of his 
information, knowledge and belief.
    (2) Local distribution companies. Each request for classification of 
essential agricultural requirements as priority 2 requirements shall be 
made in writing to the direct interstate pipeline supplier no later than 
June 30 of each year, and shall set forth all calculations made in 
accordance with this subpart and all copies of all requests received 
from its essential agricultural uses under paragraph (b)(1) of this 
section.
    (3) Interstate pipelines. Each request of an interstate pipeline 
purchaser for classification of attributable priority 2 entitlements as 
priority 2 entitlements shall be made in writing to the direct 
interstate pipeline supplier no later than July 15 of each year, and 
shall set forth all calculations made in accordance with this subpart 
and shall include copies of all requests of essential agricultural users 
and local distribution companies under paragraphs (b)(1) and (2) of this 
section.
    (4) Subsequent request. (i) For 1979, changes in priority 2 
entitlements for essential agricultural use establishments that have the 
ability to use an alternative fuel shall be filed under Subpart C of 
this part.
    (ii) For years subsequent to 1979, the data required by this 
paragraph must be filed only to the extent that there has been a change 
in essential agricultural requirements.

(Natural Gas Policy Act of 1978, 15 U.S.C. 3301-3432; Department of 
Energy Organization Act, 42 U.S.C. 7101-7352; E.O. 12009, 42 FR 46267; 
Administrative Procedure Act, 5 U.S.C. 551 et seq.)

[44 FR 26862, May 8, 1979, as amended at 44 FR 45923, Aug. 6, 1979; 44 
FR 62490, Oct. 31, 1979; Order 55-B, 45 FR 54740, July 18, 1980; Order 
145, 46 FR 27913, May 22, 1981]