18 Cfr 152

SUBCHAPTER E—REGULATIONS UNDER NATURAL GAS ACT
PART 152—APPLICATION FOR EXEMPTION FROM THE PROVISIONS
OF THE NATURAL GAS ACT PURSUANT TO SECTION 1(C) THEREOF AND ISSUANCE OF BLANKET
CERTIFICATES
AUTHORIZING
CERTAIN SALES FOR RESALE
Sec.
152.1 Exemption applications and blanket
certificates.
152.2 Form of application; service.
152.3 Contents of application.
152.4 Certificate from State Commission.
152.5 Applicability of exemption.
AUTHORITY: 15 U.S.C. 717–717w, 3301–3432; 42
U.S.C. 7101–7352.

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§ 152.1 Exemption applications
blanket certificates.

and

(a) Application for exemption from
the provisions of the Natural Gas Act
and the rules and regulations of the
Commission issued pursuant thereto
may be made by any person as defined
in the Natural Gas Act engaged in, or
authorized to engage in the transportation in interstate commerce or the
sale in interstate commerce for resale,
of natural gas received by such applicant from another person within or at
the boundary of a State, if all of the
natural gas so received is ultimately
consumed in such State: Provided, That
the natural-gas rates (including rates
for sales for resale) and service of the
applicant and its natural-gas facilities
are subject to regulation by a State
Commission, as defined in the Natural
Gas Act, and that such State Commission is exercising that jurisdiction.
(b)(1)(i) For purposes of the Commission’s regulations implementing the
Natural Gas Act, ‘‘vehicular natural
gas’’ or ‘‘VNG’’ means natural gas that
will be used, in either a gaseous or liquefied state, as fuel in any self-propelled vehicle.
(ii) For purposes of the Commission’s
regulations implementing the Natural
Gas Act, vehicular natural gas, or
VNG, is deemed to be ultimately consumed in the state in which the gas is
physically delivered into the vehicle’s
fuel tank regardless of whether the

tank is attached to the vehicle at the
time it is filled.
(2)(i) Blanket certificates of public
convenience and necessity are issued
pursuant to section 7(c) of the Natural
Gas Act to all persons that engage in
sales for resale of VNG that are subject
to the Commission’s authority under
section 1(b) of the NGA, such authorization to be effective upon that person’s engagement in the jurisdictional
sale. A blanket certificate issued under
this paragraph (b)(2)(i) is a certificate
of limited jurisdiction which will not
subject the certificate holder to any
other regulation under the Natural Gas
Act jurisdiction of the Commission by
virtue of transactions under the certificate. Such certificate will not impair
the continued validity of any Natural
Gas Act exemption from Commission
jurisdiction.
(ii) A blanket certificate issued under
paragraph (b)(2)(i) of this section authorizes the holder to make sales of
VNG for resale in interstate commerce
at market rates.
(iii) Abandonment of the sales service authorized in paragraph (b)(2)(i) of
this section is authorized pursuant to
section 7(b) of the Natural Gas Act
upon the expiration of the contractual
term or upon termination of each individual sales arrangement.
(Sec. 1(c), 68 Stat. 36; 15 U.S.C. 717(c))
[Order 306, 30 FR 12729, Oct. 6, 1965, as amended by Order 543, 57 FR 32894, July 24, 1992]

§ 152.2 Form of application; service.
The application must be filed with
the Secretary of the Commission in accordance with filing procedures posted
on the Commission’s Web site at http://
www.ferc.gov. A copy of the application
shall be served on the State Commission which has jurisdiction over the applicant and upon each wholesale customer of the applicant.
[Order 737, 75 FR 43404, July 26, 2010]

§ 152.3 Contents of application.
Every application shall set forth in
the order indicated, the following:
(a) The exact legal name of applicant.

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Federal Energy Regulatory Commission
(b) The name, title, and post office
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.

Pt. 153
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))

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[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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