18 Cfr 157.21

WReier-Aviles on DSKGBLS3C1PROD with CFR

§ 157.21

18 CFR Ch. I (4–1–11 Edition)

statement showing, on the basis of all
costs incurred to that date and estimated to be incurred for final completion of the project, the cost of constructing authorized facilities, such
total costs to be classified according to
the estimates submitted in the certificate proceeding and compared therewith and any significant differences explained.
(d) With respect to an acquisition authorized by the certificate, applicant
must file with the Commission, in writing and under oath, an original and
four conformed copies as prescribed in
§ 385.2011 of this chapter the following:
(1) Within 10 days after acquisition
and the beginning of authorized operations, notice of the dates of acquisition and the beginning of operations;
and
(2) Within 10 days after authorized facilities have been constructed and
within 10 days after such facilities have
been placed in service or any authorized operation, sale, or service has
commenced, notice of the date of such
completion, placement, and commencement, and
(e) The certificate issued to applicant
is not transferable in any manner and
shall be effective only so long as applicant continues the operations authorized by the order issuing such certificate and in accordance with the provisions of the Natural Gas Act, as well as
applicable rules, regulations, and orders of the Commission.
(f) 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 Exhibit
G-II to the application as it may be
amended prior to issuance of the certificate. In the event the applicant
thereafter wishes to change such maximum operating pressure it shall file
an appropriate petition for amendment
of the certificate. Such petition shall
include the reasons for the proposed
change. Nothing contained herein authorizes a natural gas company to operate any facility at a pressure above
the maximum prescribed by state law,

if such law requires a lower pressure
than authorized hereby.
(Sec. 20, 52 Stat. 832; 15 U.S.C. 717s)
[17 FR 7389, Aug. 14, 1952, as amended by
Order 280, 29 FR 4879, Apr. 7, 1964; Order 317,
31 FR 432, Jan. 13, 1966; Order 324, 31 FR 9348,
July 8, 1966; Order 493, 53 FR 15030, Apr. 27,
1988; Order 493–B, 53 FR 49653, Dec. 9, 1988;
Order 603, 64 FR 26606, May 14, 1999]

§ 157.21 Pre-filing procedures and review process for LNG terminal facilities and other natural gas facilities prior to filing of applications.
(a) LNG terminal facilities and related
jurisdictional natural gas facilities. A
prospective applicant for authorization
to site, construct and operate facilities
included within the definition of ‘‘LNG
terminal,’’ as defined in § 153.2(d), and
any prospective applicant for related
jurisdictional natural gas facilities
must comply with this section’s pre-filing procedures and review process.
These mandatory pre-filing procedures
also shall apply when the Director
finds in accordance with paragraph
(e)(2) of this section that prospective
modifications to an existing LNG terminal are modifications that involve
significant state and local safety considerations that have not been previously addressed. Examples of such
modifications include, but are not limited to, the addition of LNG storage
tanks; increasing throughput requiring
additional tanker arrivals or the use of
larger vessels; or changing the purpose
of the facility from peaking to base
load. When a prospective applicant is
required by this paragraph to comply
with this section’s pre-filing procedures:
(1) The prospective applicant must
make a filing containing the material
identified in paragraph (d) of this section and concurrently file a Letter of
Intent pursuant to 33 U.S.C. 127.007,
and a Preliminary Waterway Suitability Assessment (WSA) with the
U.S. Coast Guard (Captain of the Port/
Federal Maritime Security Coordinator). The latest information concerning the documents to be filed with
the Coast Guard should be requested
from the U.S. Coast Guard. For modifications to an existing or approved
LNG terminal, this requirement can be
satisfied by the prospective applicant’s

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certifying that the U.S. Coast Guard
did not require such information.
(2) An application:
(i) Shall not be filed until at least 180
days after the date that the Director
issues notice pursuant to paragraph (e)
of this section of the commencement of
the prospective applicant’s pre-filing
process; and
(ii) Shall contain all the information
specified by the Commission staff after
reviewing the draft materials filed by
the prospective applicant during the
pre-filing process, including required
environmental material in accordance
with the provisions of part 380 of this
chapter, ‘‘Regulations Implementing
the National Environmental Policy
Act.’’
(3) The prospective applicant must
provide sufficient information for the
pre-filing review of any pipeline or
other natural gas facilities, including
facilities not subject to the Commission’s Natural Gas Act jurisdiction,
which are necessary to transport
regassified LNG from the subject LNG
terminal facilities to the existing natural gas pipeline infrastructure.
(b) Other natural gas facilities. When a
prospective applicant for authorization
for natural gas facilities is not required
by paragraph (a) of this section to comply with this section’s pre-filing procedures, the prospective applicant may
file a request seeking approval to use
the pre-filing procedures.
(1) A request to use the pre-filing procedures must contain the material
identified in paragraph (d) of this section unless otherwise specified by the
Director as a result of the Initial Consultation required pursuant to paragraph (c) of this subsection; and
(2) If a prospective applicant for nonLNG terminal facilities is approved to
use this section’s pre-filing procedures:
(i) The application will normally not
be filed until at least 180 days after the
date that the Director issues notice
pursuant to paragraph (e)(3) of this section approving the prospective applicant’s request to use the pre-filing procedures under this section and commencing the prospective applicant’s
pre-filing process. However, a prospective applicant approved by the Director
pursuant to paragraph (e)(3) of this section to undertake the pre-filing process

§ 157.21
is not prohibited from filing an application at an earlier date, if necessary;
and
(ii) The application shall contain all
the information specified by the Commission staff after reviewing the draft
materials filed by the prospective applicant during the pre-filing process,
including required environmental material in accordance with the provisions of part 380 of this chapter, ‘‘Regulations Implementing the National
Environmental Policy Act.’’
(c) Initial consultation. A prospective
applicant required or potentially required or requesting to use the pre-filing process must first consult with the
Director on the nature of the project,
the content of the pre-filing request,
and the status of the prospective applicant’s progress toward obtaining the
information required for the pre-filing
request described in paragraph (d) of
this section. This consultation will
also include discussion of the specifications for the applicant’s solicitation
for prospective third-party contractors
to prepare the environmental documentation for the project, and whether
a third-party contractor is likely to be
needed for the project.
(d) Contents of the initial filing. A prospective applicant’s initial filing pursuant to paragraph (a)(1) of the section
for LNG terminal facilities and related
jurisdictional natural gas facilities or
paragraph (b)(1) of this section for
other natural gas facilities shall include the following information:
(1) A description of the schedule desired for the project including the expected application filing date and the
desired date for Commission approval.
(2) For LNG terminal facilities, a description of the zoning and availability
of the proposed site and marine facility
location.
(3) For natural gas facilities other
than LNG terminal facilities and related jurisdictional natural gas facilities, an explanation of why the prospective applicant is requesting to use
the pre-filing process under this section.
(4) A detailed description of the
project, including location maps and
plot plans to scale showing all major
plant components, that will serve as

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§ 157.21

18 CFR Ch. I (4–1–11 Edition)

the initial discussion point for stakeholder review.
(5) A list of the relevant federal and
state agencies in the project area with
permitting requirements. For LNG terminal facilities, the list shall identify
the agency designated by the governor
of the state in which the project will be
located to consult with the Commission regarding state and local safety
considerations. The filing shall include
a statement indicating:
(i) That those agencies are aware of
the prospective applicant’s intention to
use the pre-filing process (including
contact names and telephone numbers);
(ii) Whether the agencies have agreed
to participate in the process;
(iii) How the applicant has accounted
for agency schedules for issuance of
federal authorizations; and
(iv) When the applicant proposes to
file with these agencies for their respective permits or other authorizations.
(6) A list and description of the interest of other persons and organizations
who have been contacted about the
project (including contact names and
telephone numbers).
(7) A description of what work has already been done, e.g., contacting stakeholders, agency consultations, project
engineering, route planning, environmental and engineering contractor engagement, environmental surveys/studies, and open houses. This description
shall also include the identification of
the environmental and engineering
firms and sub-contractors under contract to develop the project.
(8) For LNG terminal projects, proposals for at least three prospective
third-party contractors from which
Commission staff may make a selection to assist in the preparation of the
requisite NEPA document.
(9) For natural gas facilities other
than LNG terminal facilities and related jurisdictional natural gas facilities, proposals for at least three prospective third-party contractors from
which Commission staff may make a
selection to assist in the preparation of
the requisite NEPA document, or a
proposal for the submission of an applicant-prepared draft Environmental Assessment as determined during the ini-

tial consultation described in paragraph (c) of this section.
(10) Acknowledgement that a complete Environmental Report and complete application are required at the
time of filing.
(11) A description of a Public Participation Plan which identifies specific
tools and actions to facilitate stakeholder communications and public information, including a project website
and a single point of contact. This plan
shall also describe how the applicant
intends to respond to requests for information from federal and state permitting agencies, including, if applicable, the governor’s designated agency
for consultation regarding state and
local safety considerations with respect to LNG facilities.
(12) Certification that a Letter of Intent and a Preliminary WSA have been
submitted to the U.S. Coast Guard or,
for modifications to an existing or approved LNG terminal, that the U.S.
Coast Guard did not require such information.
(e) Director’s notices. (1) When the Director finds that a prospective applicant for authority to site and construct a new LNG terminal has adequately addressed the requirements of
paragraphs (a), (c) and (d) of this section, the Director shall issue a notice
of such finding. Such notice shall designate the third-party contractor. The
pre-filing process shall be deemed to
have commenced on the date of the Director’s notice, and the date of such
notice shall be used in determining
whether the date an application is filed
is at least 180 days after commencement of the pre-filing process.
(2) When the Director finds that a
prospective applicant for authority to
make modifications to an existing or
approved LNG terminal has adequately
addressed the requirements of paragraphs (a), (c) and (d) of this section,
the Director shall issue a notice making a determination whether prospective modifications to an existing LNG
terminal shall be subject to this section’s pre-filing procedures and review
process. Such notice shall designate
the third-party contractor, if appropriate. If the Director determines that
the prospective modifications are significant modifications that involve

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state and local safety considerations,
the Director’s notice will state that
the pre-filing procedures shall apply,
and the pre-filing process shall be
deemed to have commenced on the date
of the Director’s notice in determining
whether the date an application is filed
is at least 180 days after commencement of the pre-filing process.
(3) When a prospective applicant requests to use this section’s pre-filing
procedures and review for facilities not
potentially subject to this section’s
mandatory requirements, the Director
shall issue a notice approving or disapproving use of the pre-filing procedures of this section and determining
whether the prospective applicant has
adequately addressed the requirements
of paragraphs (b), (c) and (d) of this section. Such notice shall designate the
third-party contractor, if appropriate.
The pre-filing process shall be deemed
to have commenced on the date of the
Director’s notice, and the date of such
notice shall be used in determining
whether the date an application is filed
is at least 180 days after commencement of the pre-filing process.
(f) Upon the Director’s issuance of a
notice commencing a prospective applicant’s pre-filing process, the prospective applicant must:
(1) Within seven days and after consultation with Commission staff, establish the dates and locations at which
the prospective applicant will conduct
open houses and meetings with stakeholders (including agencies) and Commission staff.
(2) Within 14 days, conclude the contract with the selected third-party contractor.
(3) Within 14 days, contact all stakeholders not already informed about the
project, including all affected landowners as defined in paragraph
§ 157.6(d)(2) of this section.
(4) Within 30 days, submit a stakeholder mailing list to Commission
staff.
(5) Within 30 days, file a draft of Resource Report 1, in accordance with
§ 380.12(c), and a summary of the alternatives considered or under consideration.
(6) On a monthly basis, file status reports detailing the applicant’s project
activities including surveys, stake-

§ 157.21
holder communications, and agency
meetings.
(7) Be prepared to provide a description of the proposed project and to answer questions from the public at the
scoping meetings held by OEP staff.
(8) Be prepared to attend site visits
and other stakeholder and agency
meetings arranged by the Commission
staff, as required.
(9) Within 14 days of the end of the
scoping comment period, respond to
issues raised during scoping.
(10) Within 60 days of the end of the
scoping comment period, file draft Resource Reports 1 through 12.
(11) At least 60 days prior to filing an
application, file revised draft Resource
Reports 1 through 12, if requested by
Commission staff.
(12) At least 90 days prior to filing an
application, file draft Resource Report
13 (for LNG terminal facilities).
(13) Certify that a Follow-on WSA
will be submitted to the U.S. Coast
Guard no later than the filing of an application with the Commission (for
LNG terminal facilities and modifications thereto, if appropriate). The applicant shall certify that the U.S.
Coast Guard has indicated that a Follow-On WSA is not required, if appropriate.
(g) Commission staff and third-party
contractor involvement during the prefiling process will be designed to fit
each project and will include some or
all of the following:
(1) Assisting the prospective applicant in developing initial information
about the proposal and identifying affected parties (including landowners,
agencies, and other interested parties).
(2) Issuing an environmental scoping
notice and conducting such scoping for
the proposal.
(3) Facilitating issue identification
and resolution.
(4) Conducting site visits, examining
alternatives, meeting with agencies
and stakeholders, and participating in
the prospective applicant’s public information meetings.
(5) Reviewing draft Resource Reports.
(6) Initiating the preparation of a
preliminary Environmental Assessment or Draft Environmental Impact
Statement, the preparation of which

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§ 157.22

18 CFR Ch. I (4–1–11 Edition)

may involve cooperating agency review.
(h) A prospective applicant using the
pre-filing procedures of this section
shall comply with the procedures in
§ 388.112 for the submission of documents containing critical energy infrastructure information, as defined in
§ 388.113.
[Order 665, 70 FR 60440, Oct. 18, 2005]

§ 157.22 Schedule for final decisions on
a request for a Federal authorization
For an application under section 3 or
7 of the Natural Gas Act that requires
a Federal authorization—i.e., a permit,
special use authorization, certification,
opinion, or other approval—from a Federal agency or officer, or State agency
or officer acting pursuant to delegated
Federal authority, a final decision on a
request for a Federal authorization is
due no later than 90 days after the
Commission issues its final environmental document, unless a schedule is
otherwise established by Federal law.
[Order 687, 71 FR 62921, Oct. 27, 2006]

Subpart B—Open Seasons for
Alaska Natural Gas Transportation Projects
SOURCE: Order 2005, 70 FR 8286, Feb. 18,
2005, unless otherwise noted.

§ 157.30

Purpose.

This subpart establishes the procedures for conducting open seasons for
the purpose of making binding commitments for the acquisition of initial or
voluntary expansion capacity on Alaska natural gas transportation projects,
as defined herein.

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§ 157.31

Definitions.

(a) ‘‘Alaska natural gas transportation project’’ means any natural gas
pipeline system that carries Alaska
natural gas to the international border
between Alaska and Canada (including
related facilities subject to the jurisdiction of the Commission) that is authorized under the Alaska Natural Gas
Transportation Act of 1976 or section
103 of the Alaska Natural Gas Pipeline
Act.

(b) ‘‘Commission’’ means the Federal
Energy Regulatory Commission.
(c) ‘‘Voluntary expansion’’ means
any expansion in capacity of an Alaska
natural gas transportation project
above the initial certificated capacity,
including any increase in mainline capacity, any extension of mainline pipeline facilities, and any lateral pipeline
facilities beyond those certificated in
the initial certificate order, voluntarily made by the pipeline. An expansion done pursuant to section 105 of the
Alaska Natural Gas Pipeline Act is not
a voluntary expansion.
§ 157.32 Applicability.
These regulations shall apply to any
application to the Commission for a
certificate of public convenience and
necessity or other authorization for an
Alaska natural gas transportation
project, whether filed pursuant to the
Natural Gas Act, the Alaska Natural
Gas Transportation Act of 1976, or the
Alaska Natural Gas Pipeline Act, and
to applications for expansion of such
projects. Absent a Commission order to
the contrary, these regulations are not
applicable in the case of an expansion
ordered by the Commission pursuant to
section 105 of the Alaska Natural Gas
Pipeline Act.
§ 157.33 Requirement for open season.
(a) Any application for a certificate
of public convenience and necessity or
other authorization for a proposed
Alaska natural gas transportation
project must include a demonstration
that the applicant has conducted an
open season for capacity on its proposed project, in accordance with the
requirements of this subpart. Failure
to provide the requisite demonstration
will result in an application being rejected as incomplete.
(b) Initial capacity on a proposed
Alaska natural gas transportation
project may be acquired prior to an
open season through pre-subscription
agreements, provided that in any open
season as required in paragraph (a) of
this section, capacity is offered to all
prospective bidders at the same rates
and on the same terms and conditions
as contained in the pre-subscription
agreements. All pre-subscription agreements shall be made public by posting

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