18 Cfr 153

§ 152.4

18 CFR Ch. I (4–1–11 Edition)

(b) The name, title, and postoffice address of the person to whom correspondence in regard to the application shall be addressed.
(c) A statement of pertinent facts as
to the existing service, if any, or authorized service by applicant, including
a showing that all of the natural gas
which applicant receives from out-ofState sources is and will be ultimately
consumed within the State in which
the operations sought to be exempted
are conducted.

regulated, which may make the exemption inapplicable to it.
(Sec. 1(c), 68 Stat. 36; 15 U.S.C. 717(c))
[Order 306, 30 FR 12729, Oct. 6, 1965, as amended by Order 737, 75 FR 43404, July 26, 2010]

PART 153—APPLICATIONS FOR AUTHORIZATION TO CONSTRUCT,
OPERATE, OR MODIFY FACILITIES
USED FOR THE EXPORT OR IMPORT OF NATURAL GAS

(Secs. 3, 16, 52 Stat. 822, 830; 15 U.S.C. 717b,
717o)
[Order 173, 19 FR 4276, July 13, 1954, as
amended by Order 317, 31 FR 432, Jan. 13,
1966; Order 433, 50 FR 40345, Oct. 3, 1985; Order
737, 75 FR 43404, July 26, 2010]

§ 152.4 Certificate from State Commission.
Applications for exemption under
§ 152.3 shall contain, or there shall be
separately filed, a certificate from the
appropriate State Commission that the
natural-gas (a) rates (including rates
for sales for resale), (b) service, and (c)
facilities of the applicant are subject
to the regulatory jurisdiction of the
State Commission and that the State
Commission is exercising such jurisdiction.
(Sec. 1(c), 68 Stat. 36; 15 U.S.C. 717(c))

WReier-Aviles on DSKGBLS3C1PROD with CFR

[Order 306, 30 FR 12729, Oct. 6, 1965]

§ 152.5 Applicability of exemption.
Nothing in this part shall be construed to relieve any person exempted
from the provisions of the Natural Gas
Act by section 1(c) thereof from compliance with valid State regulatory requirements. If an exemption from the
provisions of the Natural Gas Act is effective pursuant to section 1(c), the exempted person shall be responsible for
calling to the attention of the State
Commission by which it is regulated
and of the Federal Energy Regulatory
Commission any future operations in
which it may engage which may make
the exemption inapplicable to it. The
exempted person shall also be responsible for calling to the attention of the
Federal Energy Regulatory Commission any changes, amendment, or judicial or administrative interpretation of
the State law pursuant to which it is

Subpart A—General Provisions
Sec.
153.1
153.2
153.3

Purpose and scope.
Definitions.
Notice requirements.

Subpart B—Application Under Section 3
153.4 General requirements.
153.5 Who shall apply.
153.6 Time of filing.
153.7 Contents of application.
153.8 Required exhibits.
153.9 Transferability.
153.10 Authorization not exclusive.
153.11 Supplemental orders.
153.12 Pre-filing procedures for applications
for authorization to site, construct,
maintain, connect or modify facilities to
be used for the export or import of natural gas.
153.13 Emergency reconstruction.

Subpart C—Application for a Presidential
Permit
153.15 Who shall apply.
153.16 Contents of application.
153.17 Effectiveness of Presidential Permit.

Subpart D—Paper Media and Other
Requirements
153.20
153.21
153.22
153.23

General rule.
Conformity with requirements.
Amendments and withdrawals.
Reporting requirements.

AUTHORITY: 15 U.S.C. 717b, 717o; E.O. 10485,
3 CFR, 1949–1953 Comp., p. 970, as amended by
E.O. 12038, 3 CFR, 1978 Comp., p. 136, DOE
Delegation Order No. 0204–112, 49 FR 6684
(February 22, 1984).
SOURCE: Order 595, 62 FR 30446, June 4, 1997,
unless otherwise noted.

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Federal Energy Regulatory Commission

Subpart A—General Provisions

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§ 153.1 Purpose and scope.
The purpose of this part is to implement the Commission’s delegated authorities under section 3 of the Natural
Gas Act and Executive Order 10485, as
amended by Executive Order 12038.
Subpart B of this part establishes filing
requirements an applicant must follow
to obtain authorization under section 3
of the Natural Gas Act for the siting,
construction, operation, place of entry
for imports or place of exit for exports.
Subpart C of this part establishes filing
requirements an applicant must follow
to apply for a Presidential Permit, or
an amendment to an existing Presidential Permit, for border facilities at
the international boundary between
the United States and Canada or Mexico.
§ 153.2 Definitions.
(a) DOE/FE means the Department of
Energy/Office of Fossil Energy or its
successor office.
(b) NBSIR means the National Bureau
of Standards Information Report.
(c) Person means an individual or entity as defined in 10 CFR 590.102(m).
(d) LNG Terminal means all natural
gas facilities located onshore or in
state waters that are used to receive,
unload, load, store, transport, gasify,
liquefy, or process natural gas that is
imported to the United States from a
foreign country, exported to a foreign
country from the United States, or
transported in interstate commerce by
a waterborne vessel, but does not include:
(1) Waterborne vessels used to deliver
natural gas to or from any such facility; or
(2) Any pipeline or storage facility
subject to the jurisdiction of the Commission under section 7 of the Natural
Gas Act.
(e) For purposes of this part and
§ 157.21, related jurisdictional natural gas
facilities means any pipeline or other
natural gas facilities which are subject
to section 7 of the NGA; will directly
interconnect with the facilities of an
LNG terminal, as defined in paragraph
(d) of this section; and which are necessary to transport gas to or regasified
LNG from:

§ 153.5
(1) A planned but not yet authorized
LNG terminal; or
(2) An existing or authorized LNG
terminal for which prospective modifications are subject pursuant to section 157.21(e)(2) to a mandatory pre-filing process.
(f) Waterway Suitability Assessment
(WSA) means a document used by the
U.S. Coast Guard in assessing the suitability of a waterway for LNG marine
traffic pursuant to 33 CFR 127.007. The
Preliminary WSA initiates the process
of analyzing the safety and security
risks posed by proposed LNG tanker
operations to a port and waterways,
and the Follow-On WSA provides a detailed analysis of the same issues.
[Order 595, 62 FR 30446, June 4, 1997, as
amended by Order 665, 70 FR 60440, Oct. 18,
2005]

§ 153.3

Notice requirements.

All applications filed under this part
are subject to the landowner notification requirements in § 157.6(d) of this
chapter.
[Order 609, 64 FR 57390, Oct. 25, 1999]

Subpart B—Application Under
Section 3
§ 153.4

General requirements.

The procedures in §§ 157.5, 157.6, 157.8,
157.9, 157.10, 157.11, and 157.12 of this
chapter are applicable to the applications described in this subpart.
[Order 687, 71 FR 62920, Oct. 27, 2006]

§ 153.5

Who shall apply.

(a) Applicant. Any person proposing
to site, construct, or operate facilities
which are to be used for the export of
natural gas from the United States to
a foreign country or for the import of
natural gas from a foreign country or
to amend an existing Commission authorization, including the modification
of existing authorized facilities, shall
file with the Commission an application for authorization therefor under
subpart B of this part and section 3 of
the Natural Gas Act.
(b) Cross-reference. Any person applying under paragraph (a) of this section
to construct facilities at the borders of

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§ 153.6

18 CFR Ch. I (4–1–11 Edition)

the United States and Canada or Mexico must also simultaneously apply for
a Presidential Permit under subpart C
of this part.
§ 153.6 Time of filing.
(a) An application filed pursuant to
§ 153.5(a) shall state whether DOE/FE
authorization for the import/export of
natural gas is required and whether
DOE/FE has granted all required authorizations for the import/export of
natural gas.
(b) If all required DOE/FE authorizations have not been obtained prior to
filing an application with the Commission, the applicant agrees, as a condition of its authorization, to file a
statement that all required DOE/FE
authorizations have been obtained
prior to applicant’s construction of
border facilities.
(c) When a prospective applicant for
authorization for LNG terminal facilities, related jurisdictional natural gas
facilities or modifications to existing
LNG terminal facilities is required by
§ 157.21(a) to comply with that section’s
pre-filing procedures, no application
for such authorization may be made before 180 days after the date of issuance
of the notice by the Director of the Office of Energy Projects, as provided in
§ 157.21(e), of the commencement of the
prospective applicant’s pre-filing process under § 157.21.

WReier-Aviles on DSKGBLS3C1PROD with CFR

[Order 595, 62 FR 30446, June 4, 1997, as
amended by Order 665, 70 FR 60440, Oct. 18,
2005]

§ 153.7 Contents of application.
Every application under subpart B of
this part shall include, in the order indicated, the following:
(a) Information regarding applicant. (1)
The exact legal name of applicant;
(2) The name, title, and post office
address, telephone and facsimile numbers of the person to whom correspondence in regard to the application shall
be addressed;
(3) If a corporation, the state or territory under the laws of which the applicant was organized, and the town or
city where applicant’s principal office
is located. If applicant is incorporated
under the laws of, or authorized to operate in, more than one state, all pertinent facts should be stated. If appli-

cant company is owned wholly or in
part by any foreign government entity,
or directly or indirectly subsidized by
any foreign government entity; or, if
applicant company has any agreement
for such ownership or subsidization
from any foreign government, provide
full details of ownership and/or subsidies.
(b) Summary. A detailed summary of
the proposal, including descriptions of
the facilities utilized in the proposed
export or import of natural gas; state,
foreign, or other Federal governmental
licenses or permits for the construction, operation, or modification of facilities in the United States, Canada,
or Mexico; and the status of any state,
foreign, or other Federal regulatory
proceedings which are related to the
proposal.
(c) Statements. (1) A statement demonstrating that the proposal or proposed construction is not inconsistent
with the public interest, including,
where applicable to the applicant’s operations and proposal, a demonstration
that the proposal:
(i) Will improve access to supplies of
natural gas, serve new market demand,
enhance the reliability, security, and/
or flexibility of the applicant’s pipeline
system, improve the dependability of
international energy trade, or enhance
competition within the United States
for natural gas transportation or supply;
(ii) Will not impair the ability of the
applicant to render transportation
service in the United States at reasonable rates to its existing customers;
and,
(iii) Will not involve any existing
contract(s) between the applicant and a
foreign government or person concerning the control of operations or
rates for the delivery or receipt of natural gas which may restrict or prevent
other United States companies from
extending their activities in the same
general area, with copies of such contracts; and,
(2) A statement representing that the
proposal will be used to render transportation services under parts 157 or
284 of this chapter, private transportation, or service that is exempt from
the provisions of the Natural Gas Act

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Federal Energy Regulatory Commission
pursuant to sections 1(b) or 1(c) thereof. The applicant providing transportation service under part 157 of this
chapter must represent that the pipeline’s proposed increase in capacity at
an existing import/export point is not
exclusively reserved for part 157 users
and that all new service made available
as a result of a new or modified import/
export facility will be under part 284 of
this chapter.

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§ 153.8

Required exhibits.

(a) An application must include the
following exhibits:
(1) Exhibit A. A certified copy of articles of incorporation, partnership or
joint venture agreements, and by-laws
of applicant; the amount and classes of
capital stock; nationality of officers,
directors, and stockholders, and the
amount and class of stock held by
each;
(2) Exhibit B. A detailed statement of
the financial and corporate relationship existing between applicant and
any other person or corporation;
(3) Exhibit C. A statement, including
signed opinion of counsel, showing that
the construction, operation, or modification of facilities for the export or
the import of natural gas is within the
authorized powers of applicant, that
applicant has complied with laws and
regulations of the state or states in
which applicant operates;
(4) Exhibit D. If the proposal is for a
pipeline interconnection to import or
export natural gas, a copy of any construction and operation agreement between the applicant and the operator(s)
of border facilities in the United States
and Canada or Mexico;
(5) Exhibit E. If the proposal is to import or export LNG, evidence that an
appropriate and qualified concern will
properly and safely receive or deliver
such LNG, including a report containing detailed engineering and design
information. The Commission staff’s
‘‘Guidance Manual for Environmental
Report Preparation’’ may be obtained
from the Commission’s Office of Energy Projects, 888 First Street, NE.,
Washington, DC 20426;
(6) Exhibit E–1. If the LNG import/export facility is to be located at a site in
zones 2, 3, or 4 of the Uniform Building

§ 153.8
Code’s Seismic Risk Map of the United
States, or where there is a risk of surface faulting or ground liquefaction, a
report on earthquake hazards and engineering. Guidelines are contained in
‘‘Data Requirements for the Seismic
Review of LNG Facilities,’’ NBSIR 84–
2833. This document may be obtained
from the National Technical Information Service or the Commission’s Office
of Energy Projects, 888 First Street,
NE., Washington, DC 20426;
(7) Exhibit F. (i) An environmental report as specified in § 380.3 and § 380.12 of
this chapter. Applicant must submit
all appropriate revisions to Exhibit F
whenever route or site changes are
filed. These revisions should identify
the specific differences resulting from
the route or site changes, and not just
provide revised totals for the resources
affected;
(8) Exhibit G. A geographical map of a
suitable scale and detail showing the
physical location of the facilities to be
utilized for the applicant’s proposed export or import operations The map
should indicate with particularity the
ownership of such facilities at or on
each side of the border between the
United States and Canada or Mexico, if
applicable; and
(9) Exhibit H. A statement identifying
each Federal authorization that the
proposal will require; the Federal agency or officer, or State agency or officer
acting pursuant to delegated Federal
authority, that will issue each required
authorization; the date each request
for authorization was submitted; why
any request was not submitted and the
date submission is expected; and the
date by which final action on each Federal authorization has been requested
or is expected.
(b) The applicant may incorporate by
reference any Exhibit required by paragraph (a) of this section already on file
with the Commission.
[Order 595, 62 FR 30446, June 4, 1997, as
amended by Order 603, 64 FR 26604, May 14,
1999; Order 687, 71 FR 62920, Oct. 27, 2006;
Order 699, 72 FR 45325, Aug. 14, 2007]

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§ 153.9

18 CFR Ch. I (4–1–11 Edition)

§ 153.9

Transferability.

§ 153.13

(a) Non-transferable. Authorizations
under subpart B of this part and section 3 of the Natural Gas Act and related facilities shall not be transferable or assignable without prior Commission authorization.
(b) Involuntary transfer. A Commission order granting such authorization
shall continue in effect temporarily for
a reasonable time in the event of the
involuntary transfer of facilities used
thereunder by operation of law (including such transfers to receivers, trustees, or purchasers under foreclosure or
judicial sale) pending the making of an
application for permanent authorization and decision thereon, provided notice is promptly given in writing to the
Commission accompanied by a statement that the physical facts relating
to operations of the facilities remain
substantially the same as before the
transfer and as stated in the initial application for such authorization.
§ 153.10

Authorization not exclusive.

No authorization granted pursuant to
subpart B of this part and section 3 of
the Natural Gas Act shall be deemed to
prevent the Commission from granting
authorization under subpart B to any
other person at the same general location, or to prevent any other person
from making application for such authorization.
§ 153.11

Supplemental orders.

The Commission also may make, at
any time subsequent to the original
order of authorization, after opportunity for hearing, such supplemental
orders implementing its authority
under section 3 of the Natural Gas Act
as it may find necessary or appropriate.

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§ 153.12 Pre-filing procedures for applications for authorization to site,
construct, maintain, connect or
modify facilities to be used for the
export or import of natural gas.
The definitions in § 157.1 and the prefiling procedures in § 157.21 of this chapter are applicable to applications under
section 3 of the Natural Gas Act filed
pursuant to subpart B of this part.

Emergency reconstruction.

The provisions of subpart F of part
157 of this chapter that permit reconstruction for the purpose of immediately restoring interrupted service
for the protection of life or health or
for maintenance of physical property
in an emergency due to a sudden unanticipated loss of gas supply or capacity
are applicable to facilities subject to
section 3 of the Natural Gas Act.
[Order 633, 68 FR 31604, May 28, 2003]

Subpart C—Application for a
Presidential Permit
§ 153.15

Who shall apply.

(a) Applicant. Any person proposing
to construct, operate, maintain, or
connect facilities at the borders of the
United States and Canada or Mexico,
for the export or import of natural gas
to or from those countries, or to amend
an existing Presidential Permit, shall
file with the Commission an application for a Presidential Permit under
subpart C of this part and Executive
Order 10485, as amended by Executive
Order 12038.
(b) Cross-reference. Any person applying under paragraph (a) of this section
for a Presidential Permit for the construction and operation of border facilities must also simultaneously apply
for authorization under subpart B of
this part.
§ 153.16

Contents of application.

(a) Cross-reference. The submission of
information under §§ 153.7 and 153.8 of
subpart B of this part shall be deemed
sufficient for purposes of applying for a
Presidential Permit or an amendment
to an existing Presidential Permit
under subpart C of this part for the
construction and operation of border
facilities.
(b) Amendment not proposing construction. An applicant proposing to amend
the article(s) of an existing Presidential Permit (other than facilities
aspects) must file information pursuant to § 153.7(a) and a summary and justification of its proposal.

[Order 665, 70 FR 60440, Oct. 18, 2005]

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Federal Energy Regulatory Commission
§ 153.17 Effectiveness of Presidential
Permit.
A Presidential Permit, once issued by
the Commission, shall not be effective
until it has been accepted by the highest authority of the Permittee, as indicated by Permittee’s execution of a
Testimony of Acceptance, and a certified copy of the accepted Presidential
Permit and the executed Testimony of
Acceptance has been filed with the
Commission.

Subpart D—Paper Media and
Other Requirements
§ 153.20 General rule.
(a) Filing procedures. Applications
under Subparts B and C must be submitted to the Secretary of the Commission in accordance with filing procedures posted on the Commission’s
Web site at http://www.ferc.gov.
(b) Certification. All applications
must be signed in compliance with
§ 385.2005 of this chapter.
(1) The signature on an application
constitutes a certification that: The
signer has read the filing signed and
knows the contents of the paper copies;
and, the signer possesses the full power
and authority to sign the filing.
(2) An application must be signed by
one of the following:
(i) The person on behalf of whom the
application is made;
(ii) An officer, agent, or employee of
the governmental authority, agency, or
instrumentality on behalf of which the
filing is made; or,
(iii) A representative qualified to
practice before the Commission under
§ 385.2101 of this chapter who possesses
authority to sign.
(c) Where to file. The paper copies and
an accompanying transmittal letter
must be submitted in one package to:
Office of the Secretary, Federal Energy
Regulatory Commission, Washington,
DC 20426.

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[Order 595, 62 FR 30446, June 4, 1997, as
amended by Order 737, 75 FR 43404, July 26,
2010]

§ 153.21 Conformity
with
requirements.
(a) General Rule. Applications under
subparts B and C of this part must con-

§ 153.23
form with the requirements of this
part.
(b) Rejection of applications. If an application patently fails to comply with
applicable statutory requirements or
with applicable Commission rules, regulations, and orders for which a waiver
has not been granted, the Director of
the Office of Energy Projectsmay reject the application within 10 days of
filing as provided by § 385.2001(b) of this
chapter. This rejection is without prejudice to an applicant’s refiling a complete application. However, an application will not be rejected solely on the
basis of: Environmental reports that
are incomplete because the company
has not been granted access by the affected landowner(s) to perform required surveys, or environmental reports that are incomplete, but where
the minimum checklist requirements
of part 380, appendix A of this chapter
have been met. An application that relates to an operation, service, or construction concerning which a prior application has been filed and rejected,
shall be docketed as a new application.
Such new application shall state the
docket number of the prior rejected application.
[Order 595, 62 FR 30446, June 4, 1997, as
amended by Order 603, 64 FR 26604, May 14,
1999; Order 699, 72 FR 45325, Aug. 14, 2007]

§ 153.22 Amendments
drawals.

and

Amendments to or withdrawals of applications must conform to the requirements of §§ 385.215 and 385.216 of this
chapter.
§ 153.23

Reporting requirements.

Each person authorized under this
part 153 that is not otherwise required
to file information concerning the
start of construction or modification of
import/export facilities, the completion of construction or modification,
and the commencement of service must
file such information with the Commission within 10 days after such event.
Each person, other than entities without pipeline capacity, must also report
by March 1 of each year the estimated
peak day capacity and actual peak day
usage of its import/export facilities.

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