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§ 157.53 Testing.
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(a) Construction and operation of facilities necessary to render direct natural gas service for use in the testing and purging of new natural gas pipeline facilities are exempted from the certificate requirements of section 7(c) of the Natural Gas Act, when the construction and operation of such facilities are conducted in accordance with paragraph (b) of this section.
(b) Operations undertaken to render direct natural gas service shall be terminated upon the completion of the purging or testing of the pipeline facilities. Persons undertaking any construction or operation of facilities or service under this section shall file an original and two copies of an annual statement, by February 1 of each year, describing their activities hereunder.
[43 FR 56544, Dec. 1, 1978, as amended at 60 FR 53065, Oct. 11, 1995]
Subpart E [Reserved]
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Subpart F—Interstate Pipeline Blanket Certificates and Authorization Under Section 7 of the Natural Gas Act for Certain Transactions and Abandonment
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§ 157.201 Applicability.
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(a) Scope. This subpart establishes a procedure whereby an interstate pipeline may obtain a blanket certificate authorizing certain construction and operation of facilities and certain certificate amendments and abandonment under section 7 of the Natural Gas Act.
(b) Who may apply. This procedure is only applicable to interstate pipelines.
(c) Cross-reference. The procedures applicable to transportation by interstate pipelines under blanket certificates are set forth in subpart G of part 284 of this chapter.
(d) Availability of case-specific certificates. Nothing in this subpart shall preclude an interstate pipeline from proceeding under any other provision of the Commission's regulations to obtain Commission approval of abandonments or a temporary or permanent certificate of public convenience and necessity.
[Order 234, 47 FR 24266, June 4, 1982, as amended by Order 436, 50 FR 42490, Oct. 18, 1985; Order 603, 64 FR 26606, May 14, 1999]
§ 157.202 Definitions.
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(a) General rule. Terms defined in the Natural Gas Policy Act of 1978 (NGPA) shall have the same meaning for the purposes of this subpart as they have under the Natural Gas Policy Act of 1978.
(b) Subpart F definitions. For purposes of this subpart:
(1) Certificate holder means any interstate pipeline with an effective blanket certificate issued pursuant to this subpart.
(2)(i) Eligible facility means, except as provided in paragraph (b)(2)(ii) of this section, any facility subject to the Natural Gas Act jurisdiction of the Commission that is necessary to provide service within existing certificated levels. Eligible facility also includes any gas supply facility or any facility, including receipt points, needed by the certificate holder to receive gas into its system for further transport or storage, and interconnecting facilities between transporters that transport natural gas under part 284 of this chapter. Further, eligible facility includes main line, lateral, and compressor replacements that do not qualify under §2.55(b) of this chapter because they will result in an incidental increase in the capacity of main line facilities, or because they will not satisfy the location or work space requirements of §2.55(b). Replacements must be done for sound engineering purposes. Replacements for the primary purpose of creating additional main line capacity are not eligible facilities; however, replacements and the modification of facilities to rearrange gas flows or increase compression for the primary purpose of restoring service in an emergency due to sudden unforseen damage to main line facilities are eligible facilities.
(ii) Exclusions: “Eligible facility” does not include:
(A) A main line of a transmission system, except replacement facilities covered under §157.202(b)(2)(i).
(B) An extension of a main line, except replacement facilities covered under §157.202(b)(2)(i).
(C) A facility, including compression and looping, that alters the capacity of a main line, except replacement facilities and facility modifications covered under paragraph (b)(2)(i) of this section;
(D) A facility required to test or develop an underground storage field or that alters the certificated capacity, deliverability, or storage boundary, or a facility required to store gas above ground in either a gaseous or liquified state, or a facility used to receive gas from plants manufacturing synthetic gas or from plants gasifying liquefied natural gas, or wells needed to utilize an underground storage field.
(E) Delivery points under §157.211.
(F) Temporary compression under §157.209;
(G) A facility that crosses a state line and is constructed for the primary purpose of transporting gas which is also transported by an intrastate pipeline under section 311(a)(2) of the NGPA;
(3) Facility does not include the items described in §2.55 of this chapter.
(4) Temporary compression means compressor facilities installed and operated at existing compressor locations for the limited purpose of temporarily replacing existing permanent compressor facilities that are undergoing maintenance or repair or that are pending permanent replacement.
(5) Main line means the principal transmission facilities of a pipeline system extending from supply areas to market areas and does not include small diameter supply or delivery laterals or gathering lines.
(6) Miscellaneous rearrangement of any facility means any rearrangement of a facility, excluding underground storage injection/withdrawal wells, that does not result in any change of service rendered by means of the facilities involved, including changes in existing field operations or relocation of existing facilities:
(i) On the same property;
(ii) When required by highway construction, dam construction, encroachment of residential, commercial, or industrial areas, erosion, or the expansion or change of course of rivers, streams or creeks, or
(iii) To respond to other natural forces beyond the certificate holder's control when necessary to ensure safety or maintain the operational integrity of the certificate holder's facilities.
(7) Project means a unit of improvement or construction that is used and useful upon completion.
(8) Project cost means the total actual cost of constructing the jurisdictional portions of a project. In the case of a project constructed jointly by more than one interstate pipeline, the project cost is the total cost, irrespective of the amount paid by each pipeline.
(9) Right-of-way grantor means (i) a person who grants a right-of-way easement to the certificate holder; or (ii) any successor to an interest which is subject to the easement.
(10) Delivery point means a tap and/or metering and appurtenant facilities, such as heaters, minor gas conditioning, treatment, odorization, and similar equipment, necessary to enable the certificate holder to deliver gas to any party.
(11) Sensitive environmental area means:
(i) The habitats of species which have been identified as endangered or threatened under the Endangered Species Act (Pub. L. 93–205, as amended) and essential fish habitat as identified under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801, et seq.);
(ii) National or State Forests or Parks;
(iii) Properties listed on, or eligible for inclusion in, the National Register of Historic Places, or the National Register of Natural Landmarks;
(iv) Floodplains and wetlands;
(v) Designated or proposed wilderness areas, national or state wild and scenic rivers, wildlife refuges and management areas and sanctuaries;
(vi) Prime agricultural lands, designated by the Department of Agriculture; or
(vii) Sites which are subject to use by American Indians and other Native Americans for religious purposes.
(12) Interconnection facilities means the interconnecting point, which includes the tap, metering, and M&R facilities and the related interconnecting pipeline.
(13) Emergency means a sudden unanticipated loss of gas supply or capacity that requires an immediate restoration of interrupted service for protection of life or health or for maintenance of physical property.
[Order 234, 47 FR 24266, June 4, 1982, as amended by Order 319, 48 FR 34888, Aug. 1, 1983; Order 319–A, 48 FR 51446, Nov. 9, 1983; Order 436, 50 FR 42490, Oct. 18, 1985; Order 603, 64 FR 26606, May 14, 1999; Order 603–A, 64 FR 54536, Oct. 7, 1999; Order 609, 64 FR 57391, Oct. 25, 1999; Order 603–B, 65 FR 11464, Mar. 3, 2000; Order 633, 68 FR 31604, May 28, 2003]
§ 157.203 Blanket certification.
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(a) Effect. A blanket certificate issued pursuant to this subpart authorizes the certificate holder, in accordance with the provisions of this subpart, to engage in any of the activities specified in §157.208 through §157.218 (as may be amended from time to time).
(b) Automatic authorization. A blanket certificate issued pursuant to this subpart authorizes the certificate holder to engage in transactions described in §157.208(a), §157.209(a), §157.211(a)(1), §157.215, §157.216(a), or §157.218 without further Commission approval.
(c) Prior notice required. A blanket certificate issued pursuant to this subpart authorizes the certificate holder to engage in activities described in §157.208(b), §157.211(a)(2), §157.214, or §157.216(b), if the requirements of §157.205 have been fulfilled.
(d) Landowner notification. (1) Except as identified in paragraph (d)(3) of this section, no activity described in paragraph (b) of this section is authorized unless the company makes a good faith effort to notify all affected landowners, as defined in §157.6(d)(2), at least 30 days prior to commencing construction or at the time it initiates easement negotiations, whichever is earlier. A landowner may waive the 30-day prior notice requirement in writing as long as the notice has been provided. For activity required to restore service in an emergency, the 30-day prior notice period is satisfied in the event a company obtains all necessary easements. The notification shall include at least:
(i) A brief description of the facilities to be constructed or replaced and the effect the construction activity will have on the landowner's property;
(ii) The name and phone number of a company representative who is knowledgeable about the project; and
(iii) An explanation of the Commission's Enforcement Hotline procedures, as codified in §1b.21 of this chapter, and the Enforcement Hotline telephone number.
(2) For activities described in paragraph (c) of this section, the company shall make a good faith effort to notify all affected landowners, as defined in §157.6(d)(2), within at least three business days following the date that a docket number is assigned to the application or at the time it initiates easement negotiations, whichever is earlier. The notice should include at least:
(i) A brief description of the facilities to be constructed or replaced and the effect the construction activity will have on the landowner's property;
(ii) The name and phone number of a company representative that is knowledgeable about the project;
(iii) The docket number (if assigned) for the company's application; and
(iv) The following paragraph: This project is being proposed under the prior notice requirements of the blanket certificate program administered by the Federal Energy Regulatory Commission. Under the Commission's regulations, you have the right to protest this project within 45 days of the date the Commission issues a notice of the pipeline's filing. If you file a protest, you should include the docket number listed in this letter and provide the specific reasons for your protest. The protest should be mailed to the Secretary of the Federal Energy Regulatory Commission, 888 First St., NE., Room 1A, Washington, DC 20426. A copy of the protest should be mailed to the pipeline at [pipeline address]. If you have any questions concerning these procedures you can call the Commission's Office of External Affairs at (202) 208–1088.
(3) Exceptions. (i) No landowner notice is required for replacements which would have been done under §2.55 of this chapter but for the fact that the replacement facilities are not of the same capacity and as long as they meet the location requirements of §2.55(b)(1)(ii) of this chapter; or any replacement done for safety, DOT compliance, environmental, or unplanned maintenance reasons that are not foreseen and that require immediate attention by the certificate holder.
(ii) No landowner notice is required for abandonments which involve only the sale or transfer of the facilities, and the easement will continue to be used for transportation of natural gas.
(iii) No landowner notice is required if there is only one landowner and that landowner has requested the service or facilities.
(iv) No landowner notice is required for activities that do not involve ground disturbance or changes to operational air and noise emissions.
(4) If paragraphs (d)(1) or (d)(2) of this section require an applicant to reveal Critical Energy Infrastructure Information (CEII), as defined by §388.113(c) of this chapter, to any person, the applicant shall follow the procedures set out in §157.10(d).
[Order 234, 47 FR 24266, June 4, 1982, as amended by Order 319, 48 FR 34888, Aug. 1, 1983; Order 436, 50 FR 42490, Oct. 18, 1985; Order 603, 64 FR 26607, May 14, 1999; Order 609, 64 FR 57391, Oct. 25, 1999; Order 609–A, 65 FR 15238, Mar. 22, 2000; Order 633, 68 FR 31605, May 28, 2003; Order 643, 68 FR 52096, Sept. 2, 2003]
§ 157.204 Application procedure.
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(a) Who may apply. Any interstate pipeline which has been issued a certificate other than a limited-jurisdiction certificate, pursuant to section 7 of the Natural Gas Act and had rates accepted by the Commission may apply for a blanket certificate under this subpart in the manner prescribed in §§157.6(a), 157.14(a) and 385.2011 of this chapter.
(b) Hearing procedure. Upon receiving an application for a blanket certificate under this subpart, the Commission will conduct a hearing pursuant to section 7(c) of the Natural Gas Act and §§1.32 and 157.11 of this chapter.
(c) Issuance. If required by the present or future public convenience and necessity, the Commission will issue a blanket certificate to the applicant.
(d) Application contents. Applications for blanket certificates shall contain:
(1) Information indicating the exact legal name of the applicant; its principal place of business; whether the applicant is an individual, partnership, corporation or otherwise; citation to the certificate proceeding in which the applicant was found to be a natural gas company; the state under the laws of which the applicant is organized or authorized to do business; and the name, title, and mailing address and telephone number of the person or persons to whom communications concerning the application are to be addressed;
(2) A statement that the applicant will comply with the terms, conditions and procedures specified in this subpart.
[Order 234, 47 FR 24266, June 4, 1982, as amended by Order 319, 48 FR 34888, Aug. 1, 1983; Order 433, 50 FR 40345, Oct. 3, 1985; Order 436, 50 FR 42490, Oct. 18, 1985; Order 493, 53 FR 15030, Apr. 27, 1988; Order 603, 64 FR 26607, May 14, 1999]
§ 157.205 Notice procedure.
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(a) Applicability. No activity described in §§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 §§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 §157.208 through §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 of the application suitable for publication in the Federal Register in accordance with the specifications in §385.203(d) of this chapter; 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 §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. 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 §§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 §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 §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; Order 647, 69 FR 32439, June 10, 2004]
§ 157.206 Standard conditions.
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Any activity authorized under a blanket certificate issued under this subpart is subject to the following conditions:
(a) Revisions. (1) The Commission reserves the right to amend the requirements of this subpart from time to time.
(2) The blanket certificate is not transferable in any manner and shall be effective only so long as the certificate holder continues the activities authorized by the order issuing such certificate and does so in accordance with the provisions of the Natural Gas Act, as well as applicable rules, regulations, and orders of the Commission.
(b) Environmental compliance. This paragraph only applies to activities that involve ground disturbance or changes to operational air and noise emissions.
(1) The certificate holder shall adopt the requirements set forth in §380.15 of this chapter for all activities authorized by the blanket certificate and shall issue the relevant portions thereof to construction personnel, with instructions to use them.
(2) All activities shall be consistent with all applicable law including the provisions of the following statutes and regulations or compliance plans developed to implement these statutes:
(i) Clean Water Act, as amended (33 U.S.C. 1251 et seq.) and the National Pollution Discharge Elimination System Program, 40 CFR part 122 et seq.;
(ii) Clean Air Act, as amended (42 U.S.C. 1801 et seq.) and air quality regulations and state implementation plans adopted pursuant to 40 CFR parts 50–99;
(iii) National Historic Preservation Act of 1966 (16 U.S.C. 470 et seq.);
(iv) Archeological and Historic Preservation Act of 1974 (Pub. L. 93–291);
(v) Coastal Zone Management Act of 1972, as amended (16 U.S.C. 1451 et seq.);
(vi) Endangered Species Act of 1973, Pub. L. 93–205, as amended (16 U.S.C. 1531 et seq.);
(vii) Executive Order 11988, May 24, 1977 requiring Federal agencies to evaluate the potential effects of any actions it may take on a floodplain;
(viii) Executive Order 11990, May 24, 1977 requiring an evaluation of the potential effects of construction on wetland;
(ix) Wild and Scenic Rivers Act (16 U.S.C. 1274 et seq.);
(x) National Wilderness Act (16 U.S.C. 1133 et seq.);
(xi) National Parks and Recreation Act of 1978 (16 U.S.C. 1 and 230 et seq.).
(xii) Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801, et seq.)
(3) The certificate holder shall be deemed in compliance with:
(i) Paragraph (b)(2)(vi) of this section only if it adheres to the procedures in appendix I of this subpart in which case the Commission finds that endangered species and their critical habitat are protected in accordance with 16 U.S.C. 1536;
(ii) Paragraph (b)(2)(iii) of this section only if it adheres to the procedures in appendix II of this subpart in which case the Commission finds that there is no effect on any property protected by 16 U.S.C. 470f;
(iii) Paragraph (b)(2)(v) of this section only if the appropriate state agency designated to administer the state's coastal zone management plan, prior to construction of the project, waives its right of review or determines that the project complies with the state's coastal zone management plan.
(iv) Paragraphs (b)(2)(i) and (viii) of this section only if it adheres to Commission staff's current “Upland Erosion Control, Revegetation and Maintenance Plan” and “Wetland and Waterbody Construction and Mitigation Procedures” which are available on the Commission Internet home page or from the Commission staff, or gets written approval from the staff or the appropriate Federal or state agency for the use of project-specific alternatives to clearly identified portions of those documents.
(4) Any transaction authorized under a blanket certificate shall not have a significant adverse impact on a sensitive environmental area.
(5) The noise attributable to any new compressor station, compression added to an existing station, or any modification, upgrade or update of an existing station, must not exceed a day-night level (Ldn) of 55 dBA at any pre-existing noise-sensitive area (such as schools, hospitals, or residences).
(6)(i) Any activity otherwise subject to authorization under §157.208 shall not be authorized if the activity is located within 0.5 mile of a nuclear power plant which is either operating or under construction, or for which a construction permit has been filed with the Nuclear Regulatory Commission.
(ii) Any activity otherwise subject to authorization under §157.215 shall not be authorized if the activity is located within 2.0 miles of a nuclear power plant which is either operating or under construction, or for which a construction permit has been filed with the Nuclear Regulatory Commission.
(7) The certificate holder shall act as the Commission's non-Federal representative upon acceptance of the blanket certificate for purposes of complying with the Endangered Species Act of 1973.
(c) Commencement. Any authorized construction, extension, or acquisition shall be completed and made available for service by the certificate holder and any authorized operation, or service, shall be available within one year of the date the activity is authorized pursuant to §157.205(h). The certificate holder may apply to the Director of the Office of Pipeline Regulation for an extension of this deadline. However, if the request for extension is due to the end-user/shipper not being ready to accept service, the certificate holder must so notify the Commission in writing no later than 10 days after expiration of the one-year period.
(d) Reports. The certificate holder shall file reports as required by this subpart.
[Order 234, 47 FR 24266, June 4, 1982, as amended by Order 234–A, 47 FR 38877, Sept. 3, 1982; Order 436, 50 FR 42490, Oct. 18, 1985; Order 603, 64 FR 26607, May 14, 1999; Order 603–A, 64 FR 54536, Oct. 7, 1999; Order 609, 64 FR 57392, Oct. 25, 1999]
§ 157.207 General reporting requirements.
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On or before May 1, or each year, or in the case of emergency reconstruction activity, prior to any activity, the certificate holder must file, in the manner prescribed in §§157.6(a) and 385.2011 of this chapter, an annual report signed under oath by a senior official of the company, that lists for the previous calendar year:
(a) For each new facility authorized as by §157.208, the information specified in §157.208(e);
(b) For each delivery point authorized under §157.211(a)(1), the information required by §157.211(c);
(c) for each temporary compressor facility under §157.209, the information required by §157.209(b);
(d) For each storage project tested or developed under §157.215, the information specified in §157.215(b)(1);
(e) For each abandonment authorized under §157.216(a), the information specified in §157.216(d);
(f) For each change in rate schedule authorized under §157.217, the information specified in §157.217(b);
(g) For each change in customer name authorized under §157.218, the information specified in §157.218(b); and
(h) If any activity required to be reported under this section was not undertaken, a statement to that effect.
[Order 436, 50 FR 42490, Oct. 18, 1985, as amended by Order 493, 53 FR 15030, Apr. 27, 1988; Order 603, 64 FR 26607, May 14, 1999; Order 603, 66 FR 15347, Mar. 19, 2001; Order 633, 68 FR 31605, May 28, 2003]
§ 157.208 Construction, acquisition, operation, replacement, and miscellaneous rearrangement of facilities.
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(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 §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
(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 §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 §375.307(d) of this chapter.
Table I
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Limit
-------------------------------
Year Auto. proj. Prior notice
cost limit proj. cost
(Col. 1) limit (Col. 2)
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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
2005.................................... 8,000,000 22,000,000
2006.................................... 8,200,000 22,700,000
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(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 §§157.6(a) and 385.2011 of this chapter as part of the required annual report under §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:
(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 §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; 70 FR 6340, Feb. 7, 2005; 71 FR 8202, Feb. 16, 2006]
§ 157.209 Temporary compression facilities.
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(a) Automatic authorization. If the cost does not exceed the cost limitations set forth in column 1 of Table I, under §158.208(d) of this chapter, the certificate holder may install, operate and remove temporary facilities provided that the temporary compressor facilities shall not be used to increase the volume or service above that rendered by the involved existing permanent compressor unit(s).
(b) Reporting requirements. As part of the certificate holder's annual report of projects authorized under paragraph (a) of this section, the certificate holder must report the following in the manner prescribed in §§157.6(a) and 385.2011 of this chapter;
(1) A description of the temporary compression facility, including the size, type and number of compressor units;
(2) The location at which temporary compression was installed, operated and removed, including its location relative to existing facilities;
(3) A description of the permanent compression facility which was unavailable, and a statement explaining the reason for the temporary compression;
(4) The dates for which the temporary compression was installed, operated and removed; and
(5) If applicable, the information required in §157.208(e)(4).
[Order 603, 64 FR 26608, May 14, 1999]
§ 157.210 [Reserved]
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§ 157.211 Delivery points.
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(a) Construction and operation—(1) Automatic authorization. The certificate holder may acquire, construct, replace, modify, or operate any delivery point, excluding the construction of certain delivery points subject to the prior notice provisions in paragraph (a)(2) of this section if:
(i) The natural gas is being delivered to, or for the account of, a shipper for whom the certificate holder is, or will be, authorized to transport gas; and
(ii) The certificate holder's tariff does not prohibit the addition of new delivery points.
(2) Prior notice. Subject to the notice procedure in §157.205, the certificate holder may acquire, construct, replace, modify, or operate any delivery point if:
(i) The natural gas is being delivered to, or for the account of, an end-user that is currently being served by a local distribution company; and
(ii) The natural gas is being delivered to a shipper for whom the certificate holder is, or will be, authorized to transport gas; and
(iii) The certificate holder's tariff does not prohibit the addition of new delivery points.
(b) Contents of request. In addition to the requirements of §157.205(b), requests for activities authorized under paragraph (a)(2) must contain:
(1) The name of the end-user, the location of the delivery point, and the distribution company currently serving the end-user;
(2) A description of the facility and any appurtenant facilities;
(3) 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;
(4) The quantity of gas to be delivered through the proposed facility;
(5) A description, with supporting data, of the impact of the service rendered through the proposed delivery tap upon the certificate holder's peak day and annual deliveries.
(c) Reporting requirements. As part of the certificate holder's annual report of projects authorized under paragraph (a) of this section, the certificate holder must report in the manner prescribed in §§157.6(a) and 385.2011 of this chapter:
(1) A description of the facilities acquired, constructed, replaced, modified or operated pursuant to this section;
(2) The location and maximum quantities delivered at such delivery point;
(3) The actual cost and the completion date of the delivery point; and
(4) The date of each agreement obtained pursuant to §157.206(b)(3) and the date construction began.
[Order 436, 50 FR 42491, Oct. 18, 1985, as amended by Order 493, 53 FR 15030, Apr. 27, 1988; Order 603, 64 FR 26608, May 14, 1999; Order 603–B, 65 FR 11464, Mar. 3, 2000]
§§ 157.212-157.213 [Reserved]
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§ 157.214 Increase in storage capacity.
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(a) Prior notice. Subject to the notice requirements of §157.205, the certificate holder is authorized to increase the maximum volume of natural gas authorized to be stored in a storage field to the extent that geological data and operating experience have demonstrated that a volume of natural gas greater than that currently certificated may be safely stored without the construction of additional facilities.
(b) Contents of request. In addition to the requirements of §157.205(b), requests filed for activities described in paragraph (a) shall contain:
(1) Current and requested maximum storage capacity;
(2) Current and requested maximum storage pressure;
(3) Average depth of the storage formation;
(4) Copies of any geological or engineering studies that demonstrate the feasibility of the increase in storage volume; and
(5) A statement setting forth the purpose of the proposed increased capacity.
(c) Reporting requirements. For any storage facility whose capacity is increased pursuant to this section, the certificate holder shall submit, in the manner prescribed in §385.2011 of this chapter, semi-annual reports (to coincide with the termination of the injection and withdrawal cycles) containing the information listed in subdivisions (1) through (8) of this paragraph. The certificate holder shall continue to file semi-annual reports until the storage inventory volume has reached, or closely approximates, the maximum specified in the request. Thereafter, the reports shall continue on a semi-annual basis for a period of one year. The filing of reports shall be discontinued thereafter unless otherwise ordered by the Commission. (Volumes shall be stated at 14.73 psia and 60° F, and pressures shall be stated in psia.)
(1) The daily volume of natural gas injected into and withdrawn from the storage reservoir.
(2) The volume of natural gas in the reservoir at the end of the reporting period.
(3) The maximum daily injection or withdrawal rate experienced during the reporting period and the average working pressure on such maximum days taken at a central measuring point where the total volume injected or withdrawn is measured.
(4) Results of any tracer program by which the leakage of injected gas may be determined. If the leakage of gas exists, the report should show the estimated total volume of gas leakage, the volume of recycled gas and the remaining inventory of gas in the reservoir at the end of the reporting period.
(5) Any surveys of pressures in gas wells, water levels in observation wells, pump test results for the aquifer-type reservoirs, and the results of back-pressure tests conducted during the reporting period.
(6) The latest revised structure and isopachous contour maps showing the location of the wells, the location and extent of the gas bubble in the storage reservoir for aquifer-type reservoirs and in any other reservoirs of the project in which gas bubbles are known to exist. This map need not be filed if there is no material change from the map previously filed.
(7) Discussion of current operating problems and conclusions.
(8) Such other data or reports which may aid the Commission in the evaluation of the storage project.
[Order 234, 47 FR 24266, June 4, 1982, as amended by Order 493, 53 FR 15030, Apr. 27, 1988]
§ 157.215 Underground storage testing and development.
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(a) Automatic authorization. The certificate holder is authorized to acquire, construct and operate natural gas pipeline and compression facilities, including injection, withdrawal, and observation wells for the testing or development of underground reservoirs for the possible storage of gas, if:
(1) The testing and development of a particular storage project will be completed within a three-year-period;
(2) The quantity of natural gas injected into the prospective storage fields pursuant to the blanket certificate does not exceed a total of 10,000,000 Mcf at any time in all fields with no more than 2,000,000 Mcf injected into any single field;
(3) Gas will be injected for testing purposes only during off-peak periods;
(4) The storage field developed pursuant to this section will not be utilized to render service without further authorization from the Commission, except that gas may be withdrawn on occasion for testing purposes; and
(5) The total expenditures per calendar year pursuant to this section do not exceed the amount specified in Table II as adjusted pursuant to §157.208(d). These costs shall include expenditures for leases, wells, pipeline, compressors, and related facilities, but shall exclude the cost of the natural gas to be used for testing purposes.
Table II
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Year Limit
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1982.................................................... $2,700,000
1983.................................................... 2,900,000
1984.................................................... 3,000,000
1985.................................................... 3,100,000
1986.................................................... 3,200,000
1987.................................................... 3,300,000
1988.................................................... 3,400,000
1989.................................................... 3,500,0001990.................................................... 3,600,000 (continued)