C.F.R. » Title 18 » CHAPTER I—FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY › SUBCHAPTER E—REGULATIONS UNDER NATURAL GAS ACT › 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 › Subpart A—Applications for Certificates of Public Convenience and Necessity and for Orders Permitting and App…

18 C.F.R. § 157.5

Purpose and intent of rules

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(a) Applications under section 7 of the Natural Gas Act shall set forth all information necessary to advise the Commission fully concerning the operation, sales, service, construction, extension, or acquisition for which a certificate is requested or the abandonment for which permission and approval is requested. Some applications may be of such character that an abbreviated application may be justified under the provisions of § 157.7. Applications for permission and approval to abandon pursuant to section 7(b) of the Act shall conform to § 157.18 and to such other requirements of this part as may be pertinent. However, every applicant shall file all pertinent data and information necessary for a full and complete understanding of the proposed project, including its effect upon applicant's present and future operations and whether, and at what docket, applicant has previously applied for authorization to serve any portion of the market contemplated by the proposed project and the nature and disposition of such other project.

(b) Every requirement of this part shall be considered as a forthright obligation of the applicant which can only be avoided by a definite and positive showing that the information or data called for by the applicable rules is not necessary for the consideration and ultimate determination of the application.

(c) This part will be strictly applied to all applications as submitted and the burden of adequate presentation in intelligible form as well as justification for omitted data or information rests with the applicant.

[17 FR 7386, Aug. 14, 1952, as amended by Order 280, 29 FR 4876, Apr. 7, 1964]
Notes of Decisions
Cited in 9 cases, 1984–2020 · leading case: Algonquin Gas Transmission v. Weymouth Conservation Comm., 919 F.3d 54 (1st Cir. 2019).
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Algonquin Gas Transmission v. Weymouth Conservation Comm., 919 F.3d 54 (1st Cir. 2019). “" 18 C.F.R. § 157.5 (a). This includes information detailing the location and size of a proposed facility and environmental reports detailing the projected local and environmental consequences of the project.”
Barr v. Atl. Coast Pipeline, LLC, 815 S.E.2d 783 (Va. 2018). “See 18 C.F.R. § 157.5 (a) (requiring applications to contain all information necessary to advise FERC fully concerning the project); id.”
Pngts Shippers' Grp. v. Fed. Energy Regulatory Comm'n, 592 F.3d 132 (D.C. Cir. 2010). “§ 717f(b); see 18 C.F.R. § 157.5 ; see also Tenn. Gas Pipeline Co.”
Columbia Gas Transmission Corp. v. an Exclusive Gas Storage Easement, 578 F. Supp. 930 (N.D. Ohio 1984). “§ 717f, 18 C.F.R. § 157.5 et seq., by seeking an easement without a finding by the Federal Energy Regulatory Commission of public convenience and necessity- Accordingly, Columbia’s request for an easement is denied.”
City of Chanute, Kan. v. Williams Nat. Gas Co., 678 F. Supp. 1517 (D. Kan. 1988). “Direct each plaintiff electing to receive relief under the injunction to furnish WNG by a date certain with the data, documents and information required by law ( 18 C.F.R. § 157.5 et seq.) for a complete filing with the Federal Energy Regulatory Commission (“FERC”) seeking…”
N. Nat. Gas Co. v. Approximately 9117.53 Acres in Pratt, 781 F. Supp. 2d 1155 (D. Kan. 2011). “See 18 C.F.R. § 157.5 (a), 157.6(b)(2), and 157.”
McCartin McAuliffe Mech. Contractor, Inc. v. Midwest Gas Storage, Inc., 685 N.E.2d 165 (Ind. Ct. App. 1997). “These requirements must be fulfilled to “advise the [FERC] fully concerning the operation, sales, service, construction, extension, or acquisition for which a certificate is requested or the abandonment for which permission and approval is requested.”
Louisiana Ass'n of Indep. Producers & Royalty Owners v. Fed. Energy Regulatory Comm'n, 958 F.2d 1101 (D.C. Cir. 1992). “” 18 C.F.R. § 157.5 (a). We need not consider whether these contentions have any support in Commission regulations or policy.”
Empire Pipeline, Inc. v. Town of Pendleton (W.D.N.Y. 2020). “for which a certificate is requested,” 18 C.F.R. § 157.5 (a); Algonquin Gas Transmission, supra, 919 F.”
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