81_FR_15211 81 FR 15156 - Standards for Business Practices of Interstate Natural Gas Pipelines; Correction

81 FR 15156 - Standards for Business Practices of Interstate Natural Gas Pipelines; Correction

DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission

Federal Register Volume 81, Issue 55 (March 22, 2016)

Page Range15156-15159
FR Document2016-06288

This document contains corrections to the final rule that was published in the Federal Register on Monday, November 2, 2015 (Order No. 587-W). These revisions correct an instruction error and reinstate the regulations describing the exhibits required to be attached to each certificate application by interstate natural gas pipelines. This document corrects that omission.

Federal Register, Volume 81 Issue 55 (Tuesday, March 22, 2016)
[Federal Register Volume 81, Number 55 (Tuesday, March 22, 2016)]
[Rules and Regulations]
[Pages 15156-15159]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-06288]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 157

[Docket No. RM96-1-038]


Standards for Business Practices of Interstate Natural Gas 
Pipelines; Correction

AGENCY: Federal Energy Regulatory Commission.

ACTION: Correcting amendments.

-----------------------------------------------------------------------

SUMMARY: This document contains corrections to the final rule that was 
published in the Federal Register on Monday, November 2, 2015 (Order 
No. 587-W). These revisions correct an instruction error and reinstate 
the regulations describing the exhibits required to be attached to each 
certificate application by interstate natural gas pipelines. This 
document corrects that omission.

DATES: Effective March 22, 2016.

FOR FURTHER INFORMATION CONTACT: Gary D. Cohen (legal issues), Office 
of the General Counsel, Federal Energy Regulatory Commission, 888 First 
Street NE., Washington, DC 20426, Telephone: (202) 502-8321, Email: 
[email protected].

SUPPLEMENTARY INFORMATION: The Commission published a document in the 
Federal Register on Monday, November 2, 2015 (80 FR 67302), that 
omitted a portion of 18 CFR 157.14(a) describing the exhibits required 
to be submitted in certificate applications by interstate natural gas 
pipelines. This correction restores that text to the regulation. In 
addition, due to style requirements, 18 CFR 157.14(a)(6-a) has been 
redesignated as 157.14(a)(7) and subsequent provisions have been 
redesignated accordingly.

List of Subjects in 18 CFR Part 157

    Natural gas, Reporting and recordkeeping requirements.

    Dated: March 14, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.

    In consideration of the foregoing, the Commission amends part 157, 
chapter I, title 18, Code of Federal Regulations, as follows.

PART 157--APPLICATIONS FOR CERTIFICATES OF PUBLIC CONVENIENCE AND 
NECESSITY AND FOR ORDERS PERMITTING AND APPROVING ABANDONMENT UNDER 
SECTION 7 OF THE NATURAL GAS ACT

0
1. The authority citation for part 157 continues to read as follows:

    Authority: 15 U.S.C. 717-717z.

0
2. Section 157.14 is amended by adding paragraphs (a)(1) through (19) 
to read as follows:


Sec.  157.14  Exhibits.

    (a) * * *
    (1) Exhibit A--Articles of incorporation and bylaws. If applicant 
is not an individual, a conformed copy of its articles of incorporation 
and bylaws, or other similar documents.
    (2) Exhibit B--State authorization. For each State where applicant 
is authorized to do business, a statement showing the date of 
authorization, the scope of the business applicant is authorized to 
carry on and all limitations, if any, including expiration dates and 
renewal obligations. A conformed copy of applicant's authorization to 
do business in each State affected shall be supplied upon request.
    (3) Exhibit C--Company officials. A list of the names and business 
addresses of applicant's officers and directors, or similar officials 
if applicant is not a corporation.
    (4) Exhibit D--Subsidiaries and affiliation. If applicant or any of 
its officers or directors, directly or indirectly, owns, controls, or 
holds with power to vote, 10 percent or more of the outstanding voting 
securities of any other person or organized group of persons engaged in 
production, transportation, distribution, or sale of natural gas, or of 
any person or organized group of persons engaged in the construction or 
financing of such enterprises or operations, a detailed explanation of 
each such relationship, including the percentage of voting strength 
represented by such ownership of securities. If any person or organized 
group of persons, directly or indirectly, owns, controls, or holds with 
power to vote, 10 percent or more of the outstanding voting securities 
of applicant--a detailed explanation of each such relationship.
    (5) Exhibit E--Other pending applications and filings. A list of 
other applications and filings under sections 1, 3, 4 and 7 of the 
Natural Gas Act filed by the applicant which are pending before the 
Commission at the time of the filing of an application and which 
directly and significantly affect the application filed, including an 
explanation of any material effect the grant or denial of those other 
applications and filings will have on the application and of any 
material effect the grant or denial of the application will have on 
those other applications and filings.
    (6) Exhibit F--Location of facilities. Unless shown on Exhibit G or 
elsewhere, a geographical map of suitable scale and detail showing, and 
appropriately differentiating between all of the facilities proposed to 
be constructed, acquired or abandoned and existing facilities of 
applicant, the operation or capacity of which will be directly affected 
by the proposed facilities or the facilities proposed to be abandoned. 
This map, or an additional map, shall clearly show the relationship of 
the new facilities to the applicant's overall system and shall include:
    (i) Location, length, and size of pipelines.
    (ii) Location and size (rated horsepower) of compressor stations.

[[Page 15157]]

    (iii) Location and designation of each point of connection of 
existing and proposed facilities with:
    (A) Main-line industrial customers, gas pipeline or distribution 
systems, showing towns and communities served and to be served at 
wholesale and retail, and
    (B) Gas-producing and storage fields, or other sources of gas 
supply.
    (7) Exhibit F-I--Environmental report. An environmental report as 
specified in Sec. Sec.  380.3 and 380.12 of this chapter. Applicant 
must submit all appropriate revisions to Exhibit F-I whenever route or 
site changes are filed. These revisions should identify the locations 
by mile post and describe all other specific differences resulting from 
the route or site changes, and should not simply provide revised totals 
for the resources affected.
    (8) Exhibit G--Flow diagrams showing daily design capacity and 
reflecting operation with and without proposed facilities added. A flow 
diagram showing daily design capacity and reflecting operating 
conditions with only existing facilities in operation. A second flow 
diagram showing daily design capacity and reflecting operating 
conditions with both proposed and existing facilities in operation. 
Both flow diagrams shall include the following for the portion of the 
system affected:
    (i) Diameter, wall thickness, and length of pipe installed and 
proposed to be installed and the diameter and wall thickness of the 
installed pipe to which connection is proposed.
    (ii) For each proposed new compressor station and existing station, 
the size, type and number of compressor units, horsepower required, 
horsepower installed and proposed to be installed, volume of gas to be 
used as fuel, suction and discharge pressures, and compression ratio.
    (iii) Pressures and volumes of gas at the main line inlet and 
outlet connections at each compressor station.
    (iv) Pressures and volumes of gas at each intake and take-off point 
and at the beginning and terminus of the existing and proposed 
facilities and at the intake or take-off point of the existing 
facilities to which the proposed facilities are to be connected.
    (9) Exhibit G-I--Flow diagrams reflecting maximum capabilities. If 
Exhibit G does not reflect the maximum deliveries which applicant's 
existing and proposed facilities would be capable of achieving under 
most favorable operating conditions with utilization of all facilities, 
include an additional diagram or diagrams to depict such maximum 
capabilities. If the horsepower, pipelines, or other facilities on the 
segment of applicant's system under consideration are not being fully 
utilized due, e.g., to capacity limitation of connecting facilities or 
because of the need for standby or spare equipment, the reason for such 
nonutilization shall be stated.
    (10) Exhibit G-II--Flow diagram data. Exhibits G and G-I shall be 
accompanied by a statement of engineering design data in explanation 
and support of the diagrams and the proposed project, setting forth:
    (i) Assumptions, bases, formulae, and methods used in the 
development and preparation of such diagrams and accompanying data.
    (ii) A description of the pipe and fittings to be installed, 
specifying the diameter, wall thickness, yield point, ultimate tensile 
strength, method of fabrication, and methods of testing proposed.
    (iii) When lines are looped, the length and size of the pipe in 
each loop.
    (iv) Type, capacity, and location of each natural gas storage field 
or facility, and of each dehydration, desulphurization, natural gas 
liquefaction, hydrocarbon extraction, or other similar plant or 
facility directly attached to the applicant's system, indicating which 
of such plants are owned or operated by applicant, and which by others, 
giving their names and addresses.
    (v) If the daily design capacity shown in Exhibit G is predicated 
upon an ability to meet each customer's maximum contract quantity on 
the same day, explain the reason for such coincidental peak-day design. 
If the design day capacity shown in Exhibit G is predicated upon an 
assumed diversity factor, state that factor and explain its derivation.
    (vi) The maximum allowable operating pressure of each proposed 
facility for which a certificate is requested, as permitted by the 
Department of Transportation's safety standards. The applicant shall 
certify that it will design, install, inspect, test, construct, 
operate, replace, and maintain the facilities for which a certificate 
is requested in accordance with Federal safety standards and plans for 
maintenance and inspection or shall certify that it has been granted a 
waiver of the requirements of the safety standards by the Department of 
Transportation in accordance with the provisions of section 3(e) of the 
Natural Gas Pipeline Safety Act of 1968. Pertinent details concerning 
the waiver shall be set forth.
    (11) Exhibit H--Total gas supply data. A statement by applicant 
describing:
    (i) Those production areas accessible to the proposed construction 
that contain sufficient existing or potential gas supplies for the 
proposed project; and
    (ii) How those production areas are connected to the proposed 
construction.
    (12) Exhibit I--Market data. A system-wide estimate of the volumes 
of gas to be delivered during each of the first 3 full years of 
operation of the proposed service, sale, or facilities and during the 
years when the proposed facilities are under construction, and actual 
data of like import for each of the 3 years next preceding the filing 
of the application, together with:
    (i) Names and locations of customer companies and municipalities, 
showing the number of residential, commercial, firm industrial, 
interruptible industrial, residential space-heating, commercial space-
heating, and other types of customers for each distribution system to 
be served at retail or wholesale; and the names and locations of each 
firm and interruptible direct industrial customer whose estimated 
consumption totals 10,000 Mcf or more in any calendar month or 100,000 
Mcf or more per year together with an explanation of the end use to 
which each of these industrial customers will put the gas.
    (ii) Applicant's total annual and peak day gas requirements by 
classification of service in paragraph (a)(11)(i) of this section, 
divided as follows: Gas requirements for each distribution area where 
gas is sold by applicant at retail; for each wholesale customer; for 
all main line direct industrial customers; and company use and 
unaccounted-for gas, for both the applicant and each wholesale 
customer.
    (iii) Total past and expected curtailments of service by the 
applicant and each wholesale customer proposing to receive new or 
additional supplies of gas from the project, all to be listed by the 
classifications of service in paragraph (a)(12)(i) of this section.
    (iv) Explanation and derivation of basic factors used in estimating 
future requirements, including, for example: Peak-day and annual 
degree-day deficiencies, annual load factors of applicant's system and 
of its deliveries to its proposed customers; individual consumer peak-
day and annual consumption factors for each class of consumers, with 
supporting historical data; forecasted saturation of space-heating as 
related to past experience; and full detail as to all other sources of 
gas supply available to applicant and to each of its customers, 
including manufacturing facilities and liquid petroleum gas.

[[Page 15158]]

    (v) Conformed copy of each contract, letter of intent or other 
agreement for sale or transportation of natural gas proposed by the 
application. Indicate the rate to be charged. If no agreements have 
been made, indicate the basis for assuming that contracts will be 
consummated and that service will be rendered under the terms 
contemplated in the application.
    (vi) A full description of all facilities, other than those covered 
by the application, necessary to provide service in the communities to 
be served, the estimated cost of such facilities, by whom they are to 
be constructed, and evidence of economic feasibility.
    (vii) A copy of each market survey made within the past three years 
for such markets as are to receive new or increased service from the 
project applied for.
    (viii) A statement showing the franchise rights of applicant or 
other person to distribute gas in each community in which service is 
proposed.
    (ix) When an application requires a statement of total peak-day or 
annual market requirements of affiliates, whose operations are 
integrated with those of applicant, to demonstrate applicant's ability 
to provide the service proposed or to establish a gas supply, estimates 
and data required by this paragraph (a)(12)(ix) shall also be stated in 
like detail for such affiliates.
    (x) When the proposed project is for service which would not 
decrease the life index of the total system gas supply by more than one 
year, the data required in paragraphs (a)(12)(i) to (ix), inclusive, of 
this section need be submitted only as to the particular market to 
receive new or additional service.
    (13) Exhibit J--Federal authorizations. 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.
    (14) Exhibit K--Cost of facilities. A detailed estimate of total 
capital cost of the proposed facilities for which application is made, 
showing cost of construction by operating units such as compressor 
stations, main pipelines, laterals, measuring and regulating stations, 
and separately stating the cost of right-of-way, damages, surveys, 
materials, labor, engineering and inspection, administrative overhead, 
fees for legal and other services, allowance for funds used during 
construction, and contingencies. Include a brief statement indicating 
the source of information used as the basis for the above estimate. If 
not otherwise set forth, submit data on preliminary bids, if any, for 
the proposed facilities and recent experienced cost data for facilities 
of similar character.
    (15) Exhibit L--Financing. Plans for financing the proposed 
facilities for which the application is filed, together with:
    (i) A description of the class (e.g., commercial paper, long-term 
debt, preferred stock) and cost rates for securities expected to be 
issued with construction period and post- operational sources of 
financing separately identified.
    (ii) Statement of anticipated cash flow, including provision during 
the period of construction and the first 3 full years of operation of 
proposed facilities for interest requirements, dividends, and capital 
requirements.
    (iii) A balance sheet and income statement (12 months) of most 
recent data available.
    (iv) Comparative pro forma balance sheets and income statements for 
the period of construction and each of the first 3 full years of 
operation, giving effect to the proposed construction and proposed 
financing of the project.
    (v) Any additional data and information upon which applicant 
proposes to rely in showing the adequacy and availability of resources 
for financing its proposed project.
    (vi) In instances for which principal operations of the company 
have not commenced or where proposed rates for services are developed 
on an incremental basis, a brief statement explaining how the applicant 
will determine the actual allowance for funds used during construction 
(AFUDC) rate, or if a rate is not to be used, how the applicant will 
determine the actual amount of AFUDC to be capitalized as a component 
of construction cost, and why the method is appropriate under the 
circumstances.
    (16) Exhibit M--Construction, operation, and management. A concise 
statement setting forth arrangements for supervision, management, 
engineering, accounting, legal, or other similar service to be rendered 
in connection with the construction or operation of the project, if not 
to be performed by employees of applicant, including reference to any 
existing or contemplated agreements therefor, together with:
    (i) A statement showing affiliation between applicant and any 
parties to such agreements or arrangements. See Exhibit D, paragraph 
(a)(4) of this section.
    (ii) Conformed copies of all construction, engineering, management, 
and other similar service agreements or contracts in any way operative 
with respect to construction, operation, or financing of facilities 
which are the subject of the application or will be applicable under 
system operations.
    (17) Exhibit N--Revenues--Expenses--Income. When the estimated 
revenues and expenses related to a proposed facility will significantly 
affect the operating revenues or operating expenses of an applicant, 
there shall be submitted a system-wide statement for the last year 
preceding the proposed construction or service and pro forma system-
wide and incremental statements for each of the first three full years 
of operation of the proposed facilities, showing:
    (i) Gas system annual revenues and volumes of natural gas related 
thereto, subdivided by classes of service, and further subdivided by 
sales to direct industrial customers, sales to other gas utilities, and 
other sales, indicating billing quantities used for computing charges, 
e.g., actual demands, billing demands, volumes, heat-content adjustment 
or other determinants. In addition, if enlargement or extension of 
facilities is involved, the revenues attributable solely to the 
proposed facilities shall be stated separately, and the basis and data 
used in such computation shall be clearly shown.
    (ii) Gas system annual operating expenses classified in accordance 
with the Commission's Uniform System of Accounts for Natural Gas 
Companies; the annual depreciation, depletion, taxes, utility income, 
and resulting rate of return on net investment in gas plant including 
working capital. In addition if enlargement or extension of facilities 
is involved, the cost of service attributable solely to the proposed 
facilities shall be stated separately with supporting data.
    (iii) When the data required in paragraphs (a)(17)(i) and (ii) of 
this section is not submitted, applicant shall provide in lieu thereof 
a statement in sufficient detail to show clearly the effect on the 
operating revenues and operating expenses of the estimated revenues and 
expenses related to the proposed facility.
    (18) Exhibit O--Depreciation and depletion. Depreciation and 
depletion rates to be established, the method of determination and the 
justification therefor.
    (19) Exhibit P--Tariff. (i) A statement of the rates to be charged 
for the proposed sales or service, including:

[[Page 15159]]

    (A) Identification of the applicable presently effective rate 
schedules, when no additional tariff filings will be required, or
    (B) When changes are required in applicant's presently effective 
tariff, or if applicant has no tariff, pro forma copies of appropriate 
changes in or additions to the effective tariff or a pro forma copy of 
the new gas tariff proposed, or
    (C) When a new rate is proposed, a statement explaining the basis 
used in arriving at the proposed rate. Such statement shall clearly 
show whether such rate results from negotiation, cost-of-service 
determination, competitive factors or others, and shall give the nature 
of any studies which have been made in connection therewith.
    (ii) When new rates or changes in present rates are proposed or 
when the proposed facilities will result in a material change in 
applicant's average cost of service, such statement shall be 
accompanied by supporting data showing:
    (A) System cost of service for the first calendar year of operation 
after the proposed facilities are placed in service.
    (B) An allocation of such costs to each particular service 
classification, with the basis for each allocation clearly stated.
    (C) The proposed rate base and rate of return.
    (D) Gas operating expenses, segregated functionally by accounts.
    (E) Depletion and depreciation.
    (F) Taxes with the basis upon which computed.
* * * * *
[FR Doc. 2016-06288 Filed 3-21-16; 8:45 am]
BILLING CODE 6717-01-P



                                                  15156              Federal Register / Vol. 81, No. 55 / Tuesday, March 22, 2016 / Rules and Regulations

                                                  (f) Alternative Methods of Compliance                   instruction error and reinstate the       on and all limitations, if any, including
                                                  (AMOCs)                                                 regulations describing the exhibits       expiration dates and renewal
                                                     The Manager, Engine Certification Office,            required to be attached to each           obligations. A conformed copy of
                                                  FAA, may approve AMOCs for this AD. Use                 certificate application by interstate     applicant’s authorization to do business
                                                  the procedures found in 14 CFR 39.19 to                 natural gas pipelines. This document      in each State affected shall be supplied
                                                  make your request. You may email your                   corrects that omission.                   upon request.
                                                  request to: ANE-AD-AMOC@faa.gov.                                                                     (3) Exhibit C—Company officials. A
                                                                                                          DATES: Effective March 22, 2016.
                                                  (g) Related Information                                                                           list of the names and business addresses
                                                                                                          FOR FURTHER INFORMATION CONTACT: Gary
                                                     (1) For more information about this AD,                                                        of applicant’s officers and directors, or
                                                                                                          D. Cohen (legal issues), Office of the
                                                  contact Besian Luga, Aerospace Engineer,                                                          similar officials if applicant is not a
                                                                                                          General Counsel, Federal Energy
                                                  Engine Certification Office, FAA, Engine &                                                        corporation.
                                                                                                          Regulatory Commission, 888 First Street      (4) Exhibit D—Subsidiaries and
                                                  Propeller Directorate, 1200 District Avenue,
                                                  Burlington, MA 01803; phone: 781–238–
                                                                                                          NE., Washington, DC 20426, Telephone:     affiliation. If applicant or any of its
                                                  7750; fax: 781–238–7199; email:                         (202) 502–8321, Email: gary.cohen@        officers or directors, directly or
                                                  besian.luga@faa.gov.                                    ferc.gov.                                 indirectly, owns, controls, or holds with
                                                     (2) Refer to MCAI European Aviation                  SUPPLEMENTARY INFORMATION: The            power to vote, 10 percent or more of the
                                                  Safety Agency AD 2016–0016, dated January               Commission published a document in        outstanding voting securities of any
                                                  15, 2016, for more information. You may                                                           other person or organized group of
                                                                                                          the Federal Register on Monday,
                                                  examine the MCAI in the AD docket on the
                                                  Internet at http://www.regulations.gov by               November 2, 2015 (80 FR 67302), that      persons engaged in production,
                                                  searching for and locating it in Docket No.             omitted a portion of 18 CFR 157.14(a)     transportation, distribution, or sale of
                                                  FAA–2016–2701.                                          describing the exhibits required to be    natural gas, or of any person or
                                                     (3) Turbomeca S.A. Alert Mandatory                   submitted in certificate applications by  organized group of persons engaged in
                                                  Service Bulletin No. A298 79 2835, Version              interstate natural gas pipelines. This    the construction or financing of such
                                                  A, dated January 14, 2016, which is not                 correction restores that text to the      enterprises or operations, a detailed
                                                  incorporated by reference in this AD, can be            regulation. In addition, due to style     explanation of each such relationship,
                                                  obtained from Turbomeca S.A., using the                 requirements, 18 CFR 157.14(a)(6–a) has including the percentage of voting
                                                  contact information in paragraph (g)(4) of this                                                   strength represented by such ownership
                                                                                                          been redesignated as 157.14(a)(7) and
                                                  AD.                                                                                               of securities. If any person or organized
                                                     (4) For service information identified in            subsequent provisions have been
                                                  this AD, contact Turbomeca S.A., 40220                  redesignated accordingly.                 group of persons, directly or indirectly,
                                                  Tarnos, France; phone: 33 0 5 59 74 40 00;                                                        owns, controls, or holds with power to
                                                                                                          List of Subjects in 18 CFR Part 157       vote, 10 percent or more of the
                                                  telex: 570 042; fax: 33 0 5 59 74 45 16.
                                                     (5) You may view this service information               Natural gas, Reporting and             outstanding voting securities of
                                                  at the FAA, Engine & Propeller Directorate,             recordkeeping requirements.               applicant—a detailed explanation of
                                                  1200 District Avenue, Burlington, MA 01803.
                                                                                                             Dated: March 14, 2016.                 each such relationship.
                                                  For information on the availability of this                                                          (5) Exhibit E—Other pending
                                                  material at the FAA, call 781–238–7125.                 Nathaniel J. Davis, Sr.,
                                                                                                                                                    applications and filings. A list of other
                                                                                                          Deputy Secretary.                         applications and filings under sections
                                                  (h) Material Incorporated by Reference
                                                                                                             In consideration of the foregoing, the 1, 3, 4 and 7 of the Natural Gas Act filed
                                                    None.
                                                                                                          Commission amends part 157, chapter I, by the applicant which are pending
                                                    Issued in Burlington, Massachusetts, on               title 18, Code of Federal Regulations, as before the Commission at the time of the
                                                  March 14, 2016.                                         follows.                                  filing of an application and which
                                                  Ann C. Mollica,                                                                                   directly and significantly affect the
                                                  Acting Manager, Engine & Propeller                      PART 157—APPLICATIONS FOR                 application filed, including an
                                                  Directorate, Aircraft Certification Service.            CERTIFICATES OF PUBLIC                    explanation of any material effect the
                                                  [FR Doc. 2016–06372 Filed 3–21–16; 8:45 am]             CONVENIENCE AND NECESSITY AND             grant or denial of those other
                                                  BILLING CODE 4910–13–P                                  FOR ORDERS PERMITTING AND                 applications and filings will have on the
                                                                                                          APPROVING ABANDONMENT UNDER               application and of any material effect
                                                                                                          SECTION 7 OF THE NATURAL GAS              the grant or denial of the application
                                                  DEPARTMENT OF ENERGY                                    ACT                                       will have on those other applications
                                                                                                                                                    and filings.
                                                                                                          ■ 1. The authority citation for part 157
                                                  Federal Energy Regulatory                                                                            (6) Exhibit F—Location of facilities.
                                                  Commission                                              continues to read as follows:             Unless shown on Exhibit G or
                                                                                                             Authority: 15 U.S.C. 717–717z.         elsewhere, a geographical map of
                                                  18 CFR Part 157                                         ■ 2. Section 157.14 is amended by         suitable scale and detail showing, and
                                                  [Docket No. RM96–1–038]
                                                                                                          adding paragraphs (a)(1) through (19) to appropriately differentiating between all
                                                                                                          read as follows:                          of the facilities proposed to be
                                                  Standards for Business Practices of                                                               constructed, acquired or abandoned and
                                                                                                          § 157.14 Exhibits.                        existing facilities of applicant, the
                                                  Interstate Natural Gas Pipelines;
                                                  Correction                                                 (a) * * *                              operation or capacity of which will be
                                                                                                             (1) Exhibit A—Articles of              directly affected by the proposed
                                                  AGENCY:  Federal Energy Regulatory                      incorporation and bylaws. If applicant is facilities or the facilities proposed to be
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  Commission.                                             not an individual, a conformed copy of    abandoned. This map, or an additional
                                                  ACTION: Correcting amendments.                          its articles of incorporation and bylaws, map, shall clearly show the relationship
                                                                                                          or other similar documents.               of the new facilities to the applicant’s
                                                  SUMMARY:  This document contains                           (2) Exhibit B—State authorization. For overall system and shall include:
                                                  corrections to the final rule that was                  each State where applicant is authorized     (i) Location, length, and size of
                                                  published in the Federal Register on                    to do business, a statement showing the pipelines.
                                                  Monday, November 2, 2015 (Order No.                     date of authorization, the scope of the      (ii) Location and size (rated
                                                  587–W). These revisions correct an                      business applicant is authorized to carry horsepower) of compressor stations.


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                                                                     Federal Register / Vol. 81, No. 55 / Tuesday, March 22, 2016 / Rules and Regulations                                          15157

                                                     (iii) Location and designation of each               the horsepower, pipelines, or other                      (i) Those production areas accessible
                                                  point of connection of existing and                     facilities on the segment of applicant’s              to the proposed construction that
                                                  proposed facilities with:                               system under consideration are not                    contain sufficient existing or potential
                                                     (A) Main-line industrial customers,                  being fully utilized due, e.g., to capacity           gas supplies for the proposed project;
                                                  gas pipeline or distribution systems,                   limitation of connecting facilities or                and
                                                  showing towns and communities served                    because of the need for standby or spare                 (ii) How those production areas are
                                                  and to be served at wholesale and retail,               equipment, the reason for such                        connected to the proposed construction.
                                                  and                                                     nonutilization shall be stated.                          (12) Exhibit I—Market data. A system-
                                                     (B) Gas-producing and storage fields,                   (10) Exhibit G–II—Flow diagram data.               wide estimate of the volumes of gas to
                                                  or other sources of gas supply.                         Exhibits G and G–I shall be                           be delivered during each of the first 3
                                                     (7) Exhibit F–I—Environmental report.                accompanied by a statement of                         full years of operation of the proposed
                                                  An environmental report as specified in                 engineering design data in explanation                service, sale, or facilities and during the
                                                  §§ 380.3 and 380.12 of this chapter.                    and support of the diagrams and the                   years when the proposed facilities are
                                                  Applicant must submit all appropriate                   proposed project, setting forth:                      under construction, and actual data of
                                                  revisions to Exhibit F–I whenever route                    (i) Assumptions, bases, formulae, and              like import for each of the 3 years next
                                                  or site changes are filed. These revisions              methods used in the development and                   preceding the filing of the application,
                                                  should identify the locations by mile                   preparation of such diagrams and                      together with:
                                                  post and describe all other specific                    accompanying data.                                       (i) Names and locations of customer
                                                  differences resulting from the route or                    (ii) A description of the pipe and
                                                                                                                                                                companies and municipalities, showing
                                                  site changes, and should not simply                     fittings to be installed, specifying the
                                                                                                                                                                the number of residential, commercial,
                                                  provide revised totals for the resources                diameter, wall thickness, yield point,
                                                                                                                                                                firm industrial, interruptible industrial,
                                                  affected.                                               ultimate tensile strength, method of
                                                                                                                                                                residential space-heating, commercial
                                                     (8) Exhibit G—Flow diagrams showing                  fabrication, and methods of testing
                                                                                                                                                                space-heating, and other types of
                                                  daily design capacity and reflecting                    proposed.
                                                                                                             (iii) When lines are looped, the length            customers for each distribution system
                                                  operation with and without proposed
                                                                                                          and size of the pipe in each loop.                    to be served at retail or wholesale; and
                                                  facilities added. A flow diagram
                                                                                                             (iv) Type, capacity, and location of               the names and locations of each firm
                                                  showing daily design capacity and
                                                                                                          each natural gas storage field or facility,           and interruptible direct industrial
                                                  reflecting operating conditions with
                                                                                                          and of each dehydration,                              customer whose estimated consumption
                                                  only existing facilities in operation. A
                                                                                                          desulphurization, natural gas                         totals 10,000 Mcf or more in any
                                                  second flow diagram showing daily
                                                                                                          liquefaction, hydrocarbon extraction, or              calendar month or 100,000 Mcf or more
                                                  design capacity and reflecting operating
                                                                                                          other similar plant or facility directly              per year together with an explanation of
                                                  conditions with both proposed and
                                                                                                          attached to the applicant’s system,                   the end use to which each of these
                                                  existing facilities in operation. Both
                                                                                                          indicating which of such plants are                   industrial customers will put the gas.
                                                  flow diagrams shall include the
                                                                                                          owned or operated by applicant, and                      (ii) Applicant’s total annual and peak
                                                  following for the portion of the system
                                                                                                          which by others, giving their names and               day gas requirements by classification of
                                                  affected:
                                                     (i) Diameter, wall thickness, and                    addresses.                                            service in paragraph (a)(11)(i) of this
                                                  length of pipe installed and proposed to                   (v) If the daily design capacity shown             section, divided as follows: Gas
                                                  be installed and the diameter and wall                  in Exhibit G is predicated upon an                    requirements for each distribution area
                                                  thickness of the installed pipe to which                ability to meet each customer’s                       where gas is sold by applicant at retail;
                                                  connection is proposed.                                 maximum contract quantity on the same                 for each wholesale customer; for all
                                                     (ii) For each proposed new                           day, explain the reason for such                      main line direct industrial customers;
                                                  compressor station and existing station,                coincidental peak-day design. If the                  and company use and unaccounted-for
                                                  the size, type and number of compressor                 design day capacity shown in Exhibit G                gas, for both the applicant and each
                                                  units, horsepower required, horsepower                  is predicated upon an assumed diversity               wholesale customer.
                                                  installed and proposed to be installed,                 factor, state that factor and explain its                (iii) Total past and expected
                                                  volume of gas to be used as fuel, suction               derivation.                                           curtailments of service by the applicant
                                                  and discharge pressures, and                               (vi) The maximum allowable                         and each wholesale customer proposing
                                                  compression ratio.                                      operating pressure of each proposed                   to receive new or additional supplies of
                                                     (iii) Pressures and volumes of gas at                facility for which a certificate is                   gas from the project, all to be listed by
                                                  the main line inlet and outlet                          requested, as permitted by the                        the classifications of service in
                                                  connections at each compressor station.                 Department of Transportation’s safety                 paragraph (a)(12)(i) of this section.
                                                     (iv) Pressures and volumes of gas at                 standards. The applicant shall certify                   (iv) Explanation and derivation of
                                                  each intake and take-off point and at the               that it will design, install, inspect, test,          basic factors used in estimating future
                                                  beginning and terminus of the existing                  construct, operate, replace, and                      requirements, including, for example:
                                                  and proposed facilities and at the intake               maintain the facilities for which a                   Peak-day and annual degree-day
                                                  or take-off point of the existing facilities            certificate is requested in accordance                deficiencies, annual load factors of
                                                  to which the proposed facilities are to                 with Federal safety standards and plans               applicant’s system and of its deliveries
                                                  be connected.                                           for maintenance and inspection or shall               to its proposed customers; individual
                                                     (9) Exhibit G–I—Flow diagrams                        certify that it has been granted a waiver             consumer peak-day and annual
                                                  reflecting maximum capabilities. If                     of the requirements of the safety                     consumption factors for each class of
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                                                  Exhibit G does not reflect the maximum                  standards by the Department of                        consumers, with supporting historical
                                                  deliveries which applicant’s existing                   Transportation in accordance with the                 data; forecasted saturation of space-
                                                  and proposed facilities would be                        provisions of section 3(e) of the Natural             heating as related to past experience;
                                                  capable of achieving under most                         Gas Pipeline Safety Act of 1968.                      and full detail as to all other sources of
                                                  favorable operating conditions with                     Pertinent details concerning the waiver               gas supply available to applicant and to
                                                  utilization of all facilities, include an               shall be set forth.                                   each of its customers, including
                                                  additional diagram or diagrams to                          (11) Exhibit H—Total gas supply data.              manufacturing facilities and liquid
                                                  depict such maximum capabilities. If                    A statement by applicant describing:                  petroleum gas.


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                                                  15158              Federal Register / Vol. 81, No. 55 / Tuesday, March 22, 2016 / Rules and Regulations

                                                     (v) Conformed copy of each contract,                 fees for legal and other services,                    such agreements or arrangements. See
                                                  letter of intent or other agreement for                 allowance for funds used during                       Exhibit D, paragraph (a)(4) of this
                                                  sale or transportation of natural gas                   construction, and contingencies.                      section.
                                                  proposed by the application. Indicate                   Include a brief statement indicating the                 (ii) Conformed copies of all
                                                  the rate to be charged. If no agreements                source of information used as the basis               construction, engineering, management,
                                                  have been made, indicate the basis for                  for the above estimate. If not otherwise              and other similar service agreements or
                                                  assuming that contracts will be                         set forth, submit data on preliminary                 contracts in any way operative with
                                                  consummated and that service will be                    bids, if any, for the proposed facilities             respect to construction, operation, or
                                                  rendered under the terms contemplated                   and recent experienced cost data for                  financing of facilities which are the
                                                  in the application.                                     facilities of similar character.                      subject of the application or will be
                                                     (vi) A full description of all facilities,              (15) Exhibit L—Financing. Plans for                applicable under system operations.
                                                  other than those covered by the                         financing the proposed facilities for                    (17) Exhibit N—Revenues—
                                                  application, necessary to provide                       which the application is filed, together              Expenses—Income. When the estimated
                                                  service in the communities to be served,                with:                                                 revenues and expenses related to a
                                                  the estimated cost of such facilities, by                  (i) A description of the class (e.g.,              proposed facility will significantly affect
                                                  whom they are to be constructed, and                    commercial paper, long-term debt,                     the operating revenues or operating
                                                  evidence of economic feasibility.                       preferred stock) and cost rates for                   expenses of an applicant, there shall be
                                                     (vii) A copy of each market survey                   securities expected to be issued with                 submitted a system-wide statement for
                                                  made within the past three years for                    construction period and post-                         the last year preceding the proposed
                                                  such markets as are to receive new or                   operational sources of financing                      construction or service and pro forma
                                                  increased service from the project                      separately identified.                                system-wide and incremental
                                                  applied for.                                               (ii) Statement of anticipated cash                 statements for each of the first three full
                                                     (viii) A statement showing the                       flow, including provision during the                  years of operation of the proposed
                                                  franchise rights of applicant or other                  period of construction and the first 3                facilities, showing:
                                                  person to distribute gas in each                        full years of operation of proposed                      (i) Gas system annual revenues and
                                                  community in which service is                           facilities for interest requirements,                 volumes of natural gas related thereto,
                                                  proposed.                                               dividends, and capital requirements.                  subdivided by classes of service, and
                                                     (ix) When an application requires a                     (iii) A balance sheet and income                   further subdivided by sales to direct
                                                  statement of total peak-day or annual                   statement (12 months) of most recent                  industrial customers, sales to other gas
                                                  market requirements of affiliates, whose                data available.                                       utilities, and other sales, indicating
                                                  operations are integrated with those of                    (iv) Comparative pro forma balance                 billing quantities used for computing
                                                  applicant, to demonstrate applicant’s                   sheets and income statements for the                  charges, e.g., actual demands, billing
                                                  ability to provide the service proposed                 period of construction and each of the                demands, volumes, heat-content
                                                  or to establish a gas supply, estimates                 first 3 full years of operation, giving               adjustment or other determinants. In
                                                  and data required by this paragraph                     effect to the proposed construction and               addition, if enlargement or extension of
                                                  (a)(12)(ix) shall also be stated in like                proposed financing of the project.                    facilities is involved, the revenues
                                                  detail for such affiliates.                                (v) Any additional data and                        attributable solely to the proposed
                                                     (x) When the proposed project is for                 information upon which applicant                      facilities shall be stated separately, and
                                                  service which would not decrease the                    proposes to rely in showing the                       the basis and data used in such
                                                  life index of the total system gas supply               adequacy and availability of resources                computation shall be clearly shown.
                                                  by more than one year, the data required                for financing its proposed project.                      (ii) Gas system annual operating
                                                  in paragraphs (a)(12)(i) to (ix), inclusive,               (vi) In instances for which principal              expenses classified in accordance with
                                                  of this section need be submitted only                  operations of the company have not                    the Commission’s Uniform System of
                                                  as to the particular market to receive                  commenced or where proposed rates for                 Accounts for Natural Gas Companies;
                                                  new or additional service.                              services are developed on an                          the annual depreciation, depletion,
                                                     (13) Exhibit J—Federal authorizations.               incremental basis, a brief statement                  taxes, utility income, and resulting rate
                                                  A statement identifying each Federal                    explaining how the applicant will                     of return on net investment in gas plant
                                                  authorization that the proposal will                    determine the actual allowance for                    including working capital. In addition if
                                                  require; the Federal agency or officer, or              funds used during construction                        enlargement or extension of facilities is
                                                  State agency or officer acting pursuant                 (AFUDC) rate, or if a rate is not to be               involved, the cost of service attributable
                                                  to delegated Federal authority, that will               used, how the applicant will determine                solely to the proposed facilities shall be
                                                  issue each required authorization; the                  the actual amount of AFUDC to be                      stated separately with supporting data.
                                                  date each request for authorization was                 capitalized as a component of                            (iii) When the data required in
                                                  submitted; why any request was not                      construction cost, and why the method                 paragraphs (a)(17)(i) and (ii) of this
                                                  submitted and the date submission is                    is appropriate under the circumstances.               section is not submitted, applicant shall
                                                  expected; and the date by which final                      (16) Exhibit M—Construction,                       provide in lieu thereof a statement in
                                                  action on each Federal authorization has                operation, and management. A concise                  sufficient detail to show clearly the
                                                  been requested or is expected.                          statement setting forth arrangements for              effect on the operating revenues and
                                                     (14) Exhibit K—Cost of facilities. A                 supervision, management, engineering,                 operating expenses of the estimated
                                                  detailed estimate of total capital cost of              accounting, legal, or other similar                   revenues and expenses related to the
                                                  the proposed facilities for which                       service to be rendered in connection                  proposed facility.
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                                                  application is made, showing cost of                    with the construction or operation of the                (18) Exhibit O—Depreciation and
                                                  construction by operating units such as                 project, if not to be performed by                    depletion. Depreciation and depletion
                                                  compressor stations, main pipelines,                    employees of applicant, including                     rates to be established, the method of
                                                  laterals, measuring and regulating                      reference to any existing or                          determination and the justification
                                                  stations, and separately stating the cost               contemplated agreements therefor,                     therefor.
                                                  of right-of-way, damages, surveys,                      together with:                                           (19) Exhibit P—Tariff. (i) A statement
                                                  materials, labor, engineering and                          (i) A statement showing affiliation                of the rates to be charged for the
                                                  inspection, administrative overhead,                    between applicant and any parties to                  proposed sales or service, including:


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                                                                     Federal Register / Vol. 81, No. 55 / Tuesday, March 22, 2016 / Rules and Regulations                                               15159

                                                     (A) Identification of the applicable                 the regulation prescribing bond and                   PART 113—CBP BONDS
                                                  presently effective rate schedules, when                rider filing requirements and stated, in
                                                  no additional tariff filings will be                    the preamble, that the agency’s intent                ■ 1. The authority citation for part 113
                                                  required, or                                            was to provide additional time for the                continues, in part, to read as follows:
                                                     (B) When changes are required in                     filing of these documents prior to their                Authority: 6 U.S.C. 101, et seq.; 19 U.S.C.
                                                  applicant’s presently effective tariff, or              effective date. Due to a drafting error,              66, 1623, 1624.
                                                  if applicant has no tariff, pro forma                   one of the provisions inadvertently                   ■ 2. In § 113.26, revise paragraph (a) to
                                                  copies of appropriate changes in or                     provides for a more restrictive time                  read as follows:
                                                  additions to the effective tariff or a pro              frame for filing a continuous bond,
                                                  forma copy of the new gas tariff                        associated application, or rider prior to             § 113.26    Effective dates of bonds and
                                                  proposed, or                                            their effective date. This document                   riders.
                                                     (C) When a new rate is proposed, a                   corrects that provision to conform it to                (a) General. A continuous bond, and
                                                  statement explaining the basis used in                  CBP’s stated intent to liberalize the                 any associated application required by
                                                  arriving at the proposed rate. Such                     bond and rider filing process.                        § 113.11, or rider, may be filed up to 60
                                                  statement shall clearly show whether                                                                          days prior to the effective date requested
                                                  such rate results from negotiation, cost-               DATES:   Effective on March 22, 2016.                 for the continuous bond or rider.
                                                  of-service determination, competitive                   FOR FURTHER INFORMATION CONTACT:   Kara               *     *    *      *    *
                                                  factors or others, and shall give the                   Welty, Revenue Division, Office of
                                                  nature of any studies which have been                                                                         Alice A. Kipel,
                                                                                                          Administration, Customs and Border
                                                  made in connection therewith.                           Protection, Tel. (317) 614–4614.                      Executive Director, Regulations and Rulings,
                                                     (ii) When new rates or changes in                                                                          Office of International Trade, U.S. Customs
                                                  present rates are proposed or when the                  SUPPLEMENTARY INFORMATION:       On                   and Border Protection.
                                                  proposed facilities will result in a                    November 13, 2015, U.S. Customs and                     Approved: March 15, 2016.
                                                  material change in applicant’s average                  Border Protection (CBP) published in                  Timothy E. Skud,
                                                  cost of service, such statement shall be                the Federal Register (80 FR 70154), as                Deputy Assistant Secretary of the Treasury.
                                                  accompanied by supporting data                          CBP Dec. 15–15, a final rule amending                 [FR Doc. 2016–06323 Filed 3–21–16; 8:45 am]
                                                  showing:                                                title 19 of the Code of Federal                       BILLING CODE 9111–14–P
                                                     (A) System cost of service for the first             Regulations (19 CFR) regarding CBP’s
                                                  calendar year of operation after the                    bond regulations. In that document, CBP
                                                  proposed facilities are placed in service.              amended 19 CFR 113.26(a), which                       DEPARTMENT OF THE TREASURY
                                                     (B) An allocation of such costs to each              pertains to when bonds and riders must
                                                  particular service classification, with                 be filed prior to their effective date, to            Internal Revenue Service
                                                  the basis for each allocation clearly                   provide that ‘‘A continuous bond, and
                                                  stated.                                                 any associated application required by                26 CFR Part 1
                                                     (C) The proposed rate base and rate of               § 113.11 or a rider, must be filed at least
                                                  return.                                                                                                       [TD 9760]
                                                                                                          60 days prior to the effective date
                                                     (D) Gas operating expenses,                          requested for the continuous bond or                  RIN 1545–BJ74
                                                  segregated functionally by accounts.                    rider.’’
                                                     (E) Depletion and depreciation.                                                                            Indirect Stock Transfers and the
                                                                                                             Prior to the amendments effectuated
                                                     (F) Taxes with the basis upon which                                                                        Coordination Rule Exceptions;
                                                                                                          by CBP Dec. 15–15, § 113.26(a)
                                                  computed.                                                                                                     Transfers of Stock or Securities in
                                                                                                          permitted filing of a bond or rider up to
                                                  *       *   *      *     *                                                                                    Outbound Asset Reorganizations
                                                                                                          30 days before the bond’s effective date.
                                                  [FR Doc. 2016–06288 Filed 3–21–16; 8:45 am]
                                                                                                          CBP’s intent, as stated in the preamble               AGENCY:  Internal Revenue Service (IRS),
                                                  BILLING CODE 6717–01–P                                                                                        Treasury.
                                                                                                          to CBP Dec. 15–15 at pages 70156 and
                                                                                                          70160 of the November 13, 2015,                       ACTION: Final regulations and removal of
                                                                                                          Federal Register document, was to                     temporary regulations.
                                                  DEPARTMENT OF HOMELAND                                  liberalize § 113.26(a) to allow the filing
                                                  SECURITY                                                of bonds and riders up to 60 days prior               SUMMARY:   This document contains final
                                                                                                          to the bond’s effective date. This                    regulations under sections 367, 1248,
                                                  U.S. Customs and Border Protection                                                                            and 6038B of the Internal Revenue Code
                                                                                                          document corrects 19 CFR 113.26(a) to
                                                                                                          clarify that bonds and riders may be                  (Code). These regulations finalize the
                                                  19 CFR Part 113                                                                                               elimination of one of two exceptions to
                                                                                                          filed up to 60 days prior to the effective
                                                  [CBP Dec. 15–15, USCBP–2006–0013]                       date requested for the continuous bond                the coordination rule between asset
                                                                                                          or rider.                                             transfers and indirect stock transfers for
                                                  RIN 1515–AD56 [Formerly 1505–AB54]                                                                            certain outbound asset reorganizations.
                                                                                                          List of Subjects in 19 CFR Part 113                   The regulations also finalize
                                                  Customs and Border Protection’s
                                                                                                                                                                modifications to the exception to the
                                                  Bond Program; Correction                                  Bonds, Copyrights, Counterfeit goods,               coordination rule for section 351
                                                  AGENCY:  U.S. Customs and Border                        Customs duties and inspection, Imports,               exchanges so that it is consistent with
                                                  Protection, Department of Homeland                      Reporting and recordkeeping                           the remaining asset reorganization
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                                                  Security.                                               requirements, Restricted merchandise,                 exception. In addition, the regulations
                                                                                                          Seizures and forfeitures.                             finalize modifications to the procedures
                                                  ACTION: Final rule; correction.
                                                                                                          Amendment to CBP Regulations                          for obtaining relief for failures to satisfy
                                                  SUMMARY:   U.S. Customs and Border                                                                            certain reporting requirements. Finally,
                                                  Protection (CBP) published in the                         For reasons discussed in the                        the regulations finalize certain changes
                                                  Federal Register of November 13, 2015,                  preamble, CBP amends 19 CFR part 113                  with respect to transfers of stock or
                                                  a final rule amending CBP’s bond                        with the following correcting                         securities by a domestic corporation to
                                                  regulations. In that rule, CBP amended                  amendment:                                            a foreign corporation in a section 361


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Document Created: 2018-02-02 15:16:05
Document Modified: 2018-02-02 15:16:05
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionCorrecting amendments.
DatesEffective March 22, 2016.
ContactGary D. Cohen (legal issues), Office of the General Counsel, Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, Telephone: (202) 502-8321, Email: [email protected]
FR Citation81 FR 15156 
CFR AssociatedNatural Gas and Reporting and Recordkeeping Requirements

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