18 Cfr 2.80

Federal Energy Regulatory Commission

§ 2.103
840, 841, 942, 843, 844, 856, 857, 858, 859, 860,
Stat. 501, 82 Stat. 617; 16 U.S.C. 797, 803, 808,
825f, 825h, 825j, 825k), and the Natural Gas
Act, particularly secs. 7 and 16 (52 Stat. 824,
825, 830, 56 Stat. 83, 84; 61 Stat. 459; 15 U.S.C.
717f, 717o), and the National Environmental
Policy Act of 1969, Pub. L. 91–190, approved
January 1, 1970, particularly secs. 102 and 103
(83 Stat. 853, 854), unless otherwise noted.

danger to plant personnel when such
protection cannot be afforded through
the use of an alternate fuel. This includes the protection of such material
in process as would otherwise be destroyed, but shall not include deliveries required to maintain plant production. For the purposes of this definition propane and other gaseous fuels
shall not be considered alternate fuels.
(7) Feedstock gas. Is defined as natural
gas used as raw material for its chemical properties in creating an end product.
(8) Process gas. Is defined as gas use
for which alternate fuels are not technically feasible such as in applications
requiring precise temperature controls
and precise flame characteristics. For
the purposes of this definition propane
and other gaseous fuels shall not be
considered alternate fuels.
(9) Boiler fuel. Is considered to be natural gas used as a fuel for the generation of steam or electricity, including
the utilization of gas turbines for the
generation of electricity.
(10) Alternate fuel capabilities. Is defined as a situation where an alternate
fuel could have been utilized whether
or not the facilities for such use have
actually been installed; Provided, however, Where the use of natural gas is for
plant protection, feedstock, or process
uses and the only alternate fuel is propane or other gaseous fuel then the
consumer will be treated as if he had
no alternate fuel capability.

§ 2.80 Detailed environmental statement.
(a) It will be the general policy of the
Federal Energy Regulatory Commission to adopt and to adhere to the objectives and aims of the National Environmental Policy Act of 1969 (NEPA) in
its regulations promulgated for statutes under the jurisdiction of the Commission, including the Federal Power
Act, the Natural Gas Act and the Natural Gas Policy Act. The National Environmental Policy Act of 1969 requires, among other things, all Federal
agencies to include a detailed environmental statement in every recommendation or report on proposals
for legislation and other major Federal
actions significantly affecting the
quality of the human environment.
(b) Therefore, in compliance with the
National Environmental Policy Act of
1969, the Commission staff will make a
detailed
environmental
statement
when the regulatory action taken by
the Commission under the statutes
under the jurisdiction of the Commission will have a significant environmental impact. The specific regulations implementing NEPA are contained in part 380 of the Commission’s
regulations.

(Sec. 4, 52 Stat. 822, 76 Stat. 72 (15 U.S.C.
717c); Sec. 5, 52 Stat. 823 (15 U.S.C. 717d); Sec.
7, 52 Stat. 824, 825, 56 Stat. 83, 84, 61 Stat. 459
(15 U.S.C. 717f); Sec. 10, 52 Stat. 826 (15 U.S.C.
717i); Sec. 14, 52 Stat. 820 (15 U.S.C. 717m);
Sec. 15, 52 Stat. 829 (15 U.S.C. 717n); Sec. 16,
52 Stat. 930 (15 U.S.C. 717o); Pub. L. 96–511, 94
Stat. 2812 (44 U.S.C. 3501 et seq.))

[Order 486, 52 FR 47910, Dec. 17, 1987]

STATEMENT OF GENERAL POLICY TO IMPLEMENT THE ECONOMIC STABILIZATION ACT OF 1970, AS AMENDED, AND
EXECUTIVE ORDERS 11615 AND 11627

[Order 467A, 38 FR 2171, Jan. 22, 1973, as
amended by Order 467B, 38 FR 6386, Mar. 9,
1973; Order 493–A, 38 FR 30433, Nov. 5, 1973;
Order 467–C, 39 FR 12984, Apr. 10, 1974; Order
225, 47 FR 19055, May 3, 1982]

AUTHORITY: Sections 2.90 through 2.102
issued under 84 Stat. 799, as amended, 85
Stat. 38, unless otherwise noted.

§§ 2.100–2.102

STATEMENT OF GENERAL POLICY TO IMPLEMENT PROCEDURES FOR COMPLIANCE WITH THE NATIONAL ENVIRONMENTAL POLICY ACT OF 1969

[Reserved]

§ 2.103 Statement of policy respecting
take or pay provisions in gas purchase contracts.
(a) Recognizing that take or pay contract obligations may be shielding the
prices of deregulated and other higher

AUTHORITY: Sections 2.80–2.82 issued under
secs. 4, 10, 15, 307, 309, 311 and 312 (41 Stat.
1065, 1066, 1068, 1070; 46 Stat. 798, 49 Stat. 839,

33

VerDate Jan<31>2003

21:54 Apr 11, 2003

Jkt 200055

PO 00000

Frm 00033

Fmt 8010

Sfmt 8010

Y:\SGML\200055T.XXX

200055T