PART 153—APPLICATIONS FOR AUTHORIZATION TO CONSTRUCT, OPERATE, OR MODIFY FACILITIES USED FOR THE EXPORT OR IMPORT OF NATURAL GAS Authority: 15 U.S.C. 717b, 717o; E.O. 10485, 3 CFR, 1949-1953 Comp., p. 970, as amended by E.O. 12038, 3 CFR, 1978 Comp., p. 136; DOE Delegation Order No. S1-DEL-FERC-2006 (May 16, 2006). Source: Order 595, 62 FR 30446, June 4, 1997, unless otherwise noted. Subpart A—General Provisions § 153.1 Purpose and scope. The purpose of this part is to implement the Commission's delegated authorities under section 3 of the Natural Gas Act and Executive Order 10485, as amended by Executive Order 12038. Subpart B of this part establishes filing requirements an applicant must follow to obtain authorization under section 3 of the Natural Gas Act for the siting, construction, operation, place of entry for imports or place of exit for exports. Subpart C of this part establishes filing requirements an applicant must follow to apply for a Presidential Permit, or an amendment to an existing Presidential Permit, for border facilities at the international boundary between the United States and Canada or Mexico. § 153.2 Definitions. (a) DOE/FE (b) Person (c) LNG Terminal means all natural gas facilities located onshore or in state waters that are used to receive, unload, load, store, transport, gasify, liquefy, or process natural gas that is imported to the United States from a foreign country, exported to a foreign country from the United States, or transported in interstate commerce by a waterborne vessel, but does not include: (1) Waterborne vessels used to deliver natural gas to or from any such facility; or (2) Any pipeline or storage facility subject to the jurisdiction of the Commission under section 7 of the Natural Gas Act. (d) For purposes of this part and § 157.21, related jurisdictional natural gas facilities (1) A planned but not yet authorized LNG terminal; or (2) An existing or authorized LNG terminal for which prospective modifications are subject pursuant to section 157.21(e)(2) to a mandatory pre-filing process. (e) Waterway Suitability Assessment (WSA) means a document used by the U.S. Coast Guard in assessing the suitability of a waterway for LNG marine traffic pursuant to 33 CFR 127.007. The Preliminary WSA initiates the process of analyzing the safety and security risks posed by proposed LNG tanker operations to a port and waterways, and the Follow-On WSA provides a detailed analysis of the same issues. [Order 595, 62 FR 30446, June 4, 1997, as amended by Order 665, 70 FR 60440, Oct. 18, 2005; Order 900, 88 FR 74041, Oct. 30, 2023] § 153.3 Notice requirements. All applications filed under this part are subject to the landowner notification requirements in § 157.6(d) of this chapter. [Order 609, 64 FR 57390, Oct. 25, 1999] Subpart B—Application Under Section 3 § 153.4 General requirements. The procedures in §§ 157.5, 157.6, 157.8, 157.9, 157.10, 157.11, and 157.12 of this chapter are applicable to the applications described in this subpart. [86 FR 16302, Mar. 29, 2021] § 153.5 Who shall apply. (a) Applicant. (b) Cross-reference. § 153.6 Time of filing. (a) An application filed pursuant to § 153.5(a) shall state whether DOE/FE authorization for the import/export of natural gas is required and whether DOE/FE has granted all required authorizations for the import/export of natural gas. (b) If all required DOE/FE authorizations have not been obtained prior to filing an application with the Commission, the applicant agrees, as a condition of its authorization, to file a statement that all required DOE/FE authorizations have been obtained prior to applicant's construction of border facilities. (c) When a prospective applicant for authorization for LNG terminal facilities, related jurisdictional natural gas facilities or modifications to existing LNG terminal facilities is required by § 157.21(a) to comply with that section's pre-filing procedures, no application for such authorization may be made before 180 days after the date of issuance of the notice by the Director of the Office of Energy Projects, as provided in § 157.21(e), of the commencement of the prospective applicant's pre-filing process under § 157.21. [Order 595, 62 FR 30446, June 4, 1997, as amended by Order 665, 70 FR 60440, Oct. 18, 2005] § 153.7 Contents of application. Every application under subpart B of this part shall include, in the order indicated, the following: (a) Information regarding applicant. (2) The name, title, and post office address, telephone and facsimile numbers of the person to whom correspondence in regard to the application shall be addressed; (3) If a corporation, the state or territory under the laws of which the applicant was organized, and the town or city where applicant's principal office is located. If applicant is incorporated under the laws of, or authorized to operate in, more than one state, all pertinent facts should be stated. If applicant company is owned wholly or in part by any foreign government entity, or directly or indirectly subsidized by any foreign government entity; or, if applicant company has any agreement for such ownership or subsidization from any foreign government, provide full details of ownership and/or subsidies. (b) Summary. (c) Statements. (i) Will improve access to supplies of natural gas, serve new market demand, enhance the reliability, security, and/or flexibility of the applicant's pipeline system, improve the dependability of international energy trade, or enhance competition within the United States for natural gas transportation or supply; (ii) Will not impair the ability of the applicant to render transportation service in the United States at reasonable rates to its existing customers; and, (iii) Will not involve any existing contract(s) between the applicant and a foreign government or person concerning the control of operations or rates for the delivery or receipt of natural gas which may restrict or prevent other United States companies from extending their activities in the same general area, with copies of such contracts; and, (2) A statement representing that the proposal will be used to render transportation services under parts 157 or 284 of this chapter, private transportation, or service that is exempt from the provisions of the Natural Gas Act pursuant to sections 1(b) or 1(c) thereof. The applicant providing transportation service under part 157 of this chapter must represent that the pipeline's proposed increase in capacity at an existing import/export point is not exclusively reserved for part 157 users and that all new service made available as a result of a new or modified import/export facility will be under part 284 of this chapter. § 153.8 Required exhibits. (a) An application must include the following exhibits: (1) Exhibit A. (2) Exhibit B. (3) Exhibit C. (4) Exhibit D. (5) Exhibit E. (6) Exhibit F. (7) Exhibit G. (8) Exhibit H. (b) The applicant may incorporate by reference any Exhibit required by paragraph (a) of this section already on file with the Commission. [Order 595, 62 FR 30446, June 4, 1997, as amended by Order 603, 64 FR 26604, May 14, 1999; Order 687, 71 FR 62920, Oct. 27, 2006; Order 699, 72 FR 45325, Aug. 14, 2007; Order 900, 88 FR 74042, Oct. 30, 2023] § 153.9 Transferability. (a) Non-transferable. (b) Involuntary transfer. § 153.10 Authorization not exclusive. No authorization granted pursuant to subpart B of this part and section 3 of the Natural Gas Act shall be deemed to prevent the Commission from granting authorization under subpart B to any other person at the same general location, or to prevent any other person from making application for such authorization. § 153.11 Supplemental orders. The Commission also may make, at any time subsequent to the original order of authorization, after opportunity for hearing, such supplemental orders implementing its authority under section 3 of the Natural Gas Act as it may find necessary or appropriate. § 153.12 Pre-filing procedures for applications for authorization to site, construct, maintain, connect or modify facilities to be used for the export or import of natural gas. The definitions in § 157.1 and the pre-filing procedures in § 157.21 of this chapter are applicable to applications under section 3 of the Natural Gas Act filed pursuant to subpart B of this part. [Order 665, 70 FR 60440, Oct. 18, 2005] § 153.13 Emergency reconstruction. The provisions of subpart F of part 157 of this chapter that permit reconstruction for the purpose of immediately restoring interrupted service for the protection of life or health or for maintenance of physical property in an emergency due to a sudden unanticipated loss of gas supply or capacity are applicable to facilities subject to section 3 of the Natural Gas Act. [Order 633, 68 FR 31604, May 28, 2003] Subpart C—Application for a Presidential Permit § 153.15 Who shall apply. (a) Applicant. (b) Cross-reference. § 153.16 Contents of application. (a) Cross-reference. (b) Amendment not proposing construction. § 153.17 Effectiveness of Presidential Permit. A Presidential Permit, once issued by the Commission, shall not be effective until it has been accepted by the highest authority of the Permittee, as indicated by Permittee's execution of a Testimony of Acceptance, and a certified copy of the accepted Presidential Permit and the executed Testimony of Acceptance has been filed with the Commission. Subpart D—Paper Media and Other Requirements § 153.20 General rule. (a) Filing procedures. http://www.ferc.gov. (b) Certification. (1) The signature on an application constitutes a certification that: The signer has read the filing signed and knows the contents of the paper copies; and, the signer possesses the full power and authority to sign the filing. (2) An application must be signed by one of the following: (i) The person on behalf of whom the application is made; (ii) An officer, agent, or employee of the governmental authority, agency, or instrumentality on behalf of which the filing is made; or, (iii) A representative qualified to practice before the Commission under § 385.2101 of this chapter who possesses authority to sign. (c) Where to file. Federal Register [Order 595, 62 FR 30446, June 4, 1997, as amended by Order 737, 75 FR 43404, July 26, 2010; Order 914, 90 FR 48403, Oct. 21, 2025] § 153.21 Conformity with requirements. (a) General Rule. (b) Rejection of applications. [Order 595, 62 FR 30446, June 4, 1997, as amended by Order 603, 64 FR 26604, May 14, 1999; Order 699, 72 FR 45325, Aug. 14, 2007] § 153.22 Amendments and withdrawals. Amendments to or withdrawals of applications must conform to the requirements of §§ 385.215 and 385.216 of this chapter. § 153.23 Reporting requirements. Each person authorized under this part 153 that is not otherwise required to file information concerning the start of construction or modification of import/export facilities, the completion of construction or modification, and the commencement of service must file such information with the Commission within 10 days after such event. Each person, other than entities without pipeline capacity, must also report by March 1 of each year the estimated peak day capacity and actual peak day usage of its import/export facilities.