§ 158.7 Assignment for oral hearing. In case consent to the shortened procedure is not given, or if at any stage of the proceeding prior to the submission of the case to the Commission any party in interest requests a hearing, the proceeding will be assigned for hearing as provided for by § 1.20 of this chapter. The Commission may also in its discretion set the proceeding for hearing on its own motion at any stage thereof. § 158.8 Burden of proof. The burden of proof to justify every accounting entry shall be on the person making, authorizing, or requiring such entry. PART 159-FEES FOR CERTAIN AP- this part. AUTHORITY: The provisions of this Part 159 issued under secs. 1(c), 3, 7, 16, 52 Stat. 822, 824, 830, 56 Stat. 83, 68 Stat. 36, sec. 501, 65 Stat. 290, sec. 5, 67 Stat. 464; 15 U.S.C. 717(c), 717b, 7171, 7170, 31 U.S.C. 483a, 43 U.S.C. 1334 (c), E.O. 10485, 3 CFR, 1949-1953 Comp., p. 970. § 159.1 Filing fee to accompany application. A filing fee of $50 shall accompany each of the following: (a) Applications for exemption under section 1(c) of the Act; (b) Applications to import or export natural gas under section 3 of the Act; (c) Applications for permits under Executive Order 10485; (d) Applications and petitions to intervene in which applicant or petitioner is requesting an order under section 7(a) of the Act. (e) Applications for permission and approval to abandon under section 7(b) of the Act; (f) Applications for certificates of public convenience and necessity under sections 7 (c) and (e) of the Act. (g) Applications for determinations by the Commission under section 5 of the Outer Continental Shelf Lands Act; and (h) Amendments to any of the applications listed in paragraphs (a) through (g) of this paragraph and those referred to in § 159.3(c). [Order 317, 31 F.R. 431, Jan. 13, 1966, as amended by Order 317-A, 31 F.R. 4890, Mar. 24, 1966] § 159.2 Applications involving construction or acquisition of facilities. In addition to the fees prescribed by § 159.1, and except as provided in paragraph (e) of this section, applicants for a certificate of public convenience and necessity under section 7 (c) and (e) of the Act to construct and operate or acquire and operate facilities shall pay the following fees: (a) Within 30 days following issuance of notice of application, an amount equal to 5100 of 1 percent (0.0005) of the estimated cost of construction of new facilities or of facilities to be acquired; (b) Within 30 days following grant of the certificate, an amount equal to 10/ 100 of 1 percent (0.001) of the estimated cost of construction of new facilities or of facilities to be acquired, unless applicant does not accept the certificate. (c) If an amendment to a pending application increases the total estimated cost of construction of new facilities or of facilities to be acquired, an aditional amount, computed with respect to the increase as provided in paragraph (a) of this section, shall accompany the filing of the amendment. (d) If the actual cost of construction of new facilities or of facilities to be acquired exceeds the estimated cost thereof, the statement of actual cost, required to be submitted by § 157.20 (c) (4) and (d)(3) of this chapter, shall be accompanied by an amount equal to 15/100 of 1 percent (0.0015) of the excess of actual cost (plus estimated cost of facilities for which actual cost is not then recorded on the books of applicant) above estimated cost. (e) No fee shall be required under this section where the estimated cost of the facilities to be constructed or acquired is less than $7,000. [Order 317, 31 F.R. 432, Jan. 13, 1966, as amended by Order 317-A, 31 F.R. 4890, Mar. 24, 1966] (b) Exemption. The provisions of this part shall not apply to independent producers as defined in § 154.91 (a) of this chapter. (c) Amendments to outstanding certificates. Excepting applications for extensions of time for which no fee will be required, applications to amend outstanding certificates, authorizations or orders, which have become final, will be treated as initial applications and the fees prescribed by this part will be charged. Applica (d) Temporary certificates. tions for temporary certificates, filed pursuant to § 157.17 of this subchapter, and not a part of an initial certificate application, or to amend outstanding temporary certificates will be treated as amendments to applications for the purposes of this part and a filing fee of $50 will be charged unless the request for temporary authority amends the original application to increase the estimated costs, in which case the provisions of § 159.2(c) will apply. [Order 317, 31 F.R. 432, Jan. 13, 1966, as amended by Order 317-A, 31 F.R. 4890, Mar. 24, 1966] § 159.4 Accounting for fees paid pursuant to this part. A natural gas company subject to the provisions of this part shall account for the fees paid as follows: (a) The fee for applications not involving the construction of facilities ($50.00 for each application or amendment thereto) shall be charged to Account 928, Regulatory commission expenses. (b) The fee for applications involving construction of facilities shall be accounted for as follows: (1) All amounts paid prior to final disposition of the application shall be charged to Account 186, Miscellaneous deferred debits: (i) If the certificate is granted and accepted, the amounts recorded in Account 186 shall be cleared to Account 107, Construction work in progress-Gas, and subsequently cleared to the appropriate plant accounts; (ii) if the certificate requested is not granted or is not accepted by the applicant, the fees recorded in Account 186 shall be cleared to Account 928, Regulatory commission expenses. (2) All amounts paid after grant of the certificate application shall be recorded in Account 107, Construction work in progress-Gas, and subsequently cleared to the appropriate plant accounts. (c) All amounts paid in connection with applications involving the acquisition of facilities shall be charged to Account 928, Regulatory commission expenses. [Order 317, 31 F.R. 432, Jan. 13, 1966] SUBCHAPTER F-ACCOUNTS, NATURAL GAS ACT PART 201-UNIFORM SYSTEM OF ACCOUNTS FOR NATURAL GAS COMPANIES AUTHORITY: The provisions of this Part 201 issued under secs. 8(a), 10(a), 16, 52 Stat. 825, 826, 830; 15 U.S.C. 717g (a), 7171(a), 7170. SOURCE: The provisions of this Part 201 contained in Order 219, 25 F.R. 5616, June 21, 1960, as amended by Order 276, 28 F.R. 14267, Dec. 25, 1963; Order 289, 29 F.R. 15021, Nov. 6, 1964; Order 289-A, 29 F.R. 18216, Dec. 23, 1964; 30 F.R. 484, Jan. 14, 1965; Order 320, 31 F.R. 5690, Apr. 13, 1966; Order 322, 31 F.R. 7898, June 3, 1966; Order 325, 31 F.R. 10605, Aug. 9, 1966. NOTE: Order 141, 12 F.R. 8504, Dec. 19, 1947. provides in part as follows: Prescribing a system of accounts for natural gas companies under the Natural Gas Act. The Federal Power Commission acting pursuant to authority granted by the Natural Gas Act (52 Stat. 821, as amended; 15 U.S.C. and Sup., 717 et seq.), particularly sections 8(a), 10(a), and 16 thereof, and finding such action neces sary and appropriate for carrying out the provisions of said act, ordered that: (a) The accompanying system of accounts, entitled "Uniform System of Accounts Prescribed for Natural Gas Companies Subject to the Provisions of the Natural Gas Act." and the rules and regulations contained therein, be adopted: (b) Said system of accounts and said rules and regulations contained therein be and the same are hereby prescribed and promulgated as the system of accounts and rules and regulations of the Commission to be kept and observed by natural gas companies subject to the jurisdiction of the Commission, to the extent and in the manner set forth therein: (c) Said system of accounts and rules and regulations therein contained as to all natural gas companies now subject to the jurisdiction of the Commission, became effective on January 1, 1940, and as to any naturalgas company which may hereafter become subject to the jurisdiction of the Commission, they shall become effective as of the date when such natural gas company becomes subject to the jurisdiction of the Commission. Comparison of the uniform system of accounts prescribed for natural gas companies From the system of accounts effective Jan. 1, 1940, to the system of accounts effective Jan. 1, 1961 |