documents in the last year. In an order issued June 11, 2003, FERC determined that it had jurisdiction over the matter and that Nicole's interpretation of the tariff was correct. It cited costs of modernizing an aging system, changes in its shipper mix toward producers affected by price volatility and competition among pipelines in the Appalachian region. at 62,653. 210090, 1.0.0, Non-Conf Neg Rate Svc Agm, Section 4.43 Antero Resources Corp Contract No. Tape at 19:55-21:15, notwithstanding that they are precisely the activities that the NGA excludes from FERC's purview, see 15 U.S.C. See 15 U.S.C. documents in the last year, 1429 1, original and revised tariff sheets, listed on Appendix A to the filing, bearing a proposed effective date of June 1, 2001. 77309, 0.0.0, Non-Conforming Svc Agmts, Section 2.17 International Paper Company Contract No. Columbia Gas Transmission, LLC Docket No. Until the ACFR grants it official status, the XML This prototype edition of the 161136, 1.0.0, Non-Conf Neg Rate Svc Agm, Section 4.27 South Jersey Gas Contract No. Columbia's principal argument is that the Commission's order requires the company to install and pay for meters on "gathering facilities," which are exempt from FERC's jurisdiction. A doctrine that rests on these sections likewise cannot apply to the gathering of natural gas. FERC Tariff Preliminary Statement Fourth Revised Volume No. Before: TATEL, GARLAND, and ROBERTS, Circuit Judges. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. on 198794, 2.0.0, Non-Conf Neg Rate Svc Agm, Section 4.46 - Equinor Natural Gas LLC Contract No. 239496, 0.0.0, Negotiated Rate Agreement, Section 3.66 Vitol Inc. Contract No. provide legal notice to the public or judicial notice to the courts. It also highlighted risks associated with storage commitments set to expire and opposition to pipeline development. Relying in part on section 26.9(m), Columbia also disputed that the tariff required it to pay for and install the meters. 10/26/2020, 280 ORDER ACCEPTING TARIFF RECORDS AND AGREEMENTSSUBJECT TO CONDITIONS (Issued November 5, 2015) 1. 223217, 0.0.0, Negotiated Rate Agreement, Section 3.61 Castleton Commodity Contract No. ", It also worried that non-rate aspects of the application, based on a preliminary review, were "ill-considered, customer-unfriendly changes that may disrupt established, efficient business practices, and unnecessarily impose increased costs and reduced efficiencies on Columbia's shippers and their customers.". 147784, 2.0.0, Non-Conforming Svc Agmts, Section 2.20 Reserved for Future Use, 1.0.0, Non-Conforming Svc Agmts, Section 2.21 Delmarva Power & Light Co Contract No. See Consolidated Edison Co. v. FERC, 958 F.2d 429, 432 (D.C.Cir.1992). 10/26/2020, 39 1 Definitions Version 9.0.0 Issued On: June 1, 2016 Effective On: July 1, 2016 The CBE party can take exception to the request by so inf orming the other party within a mutually agreed upon time frame. In this Issue, Documents establishing the XML-based Federal Register as an ACFR-sanctioned 15293, 0.0.0, Negotiated Rate Agreement, Section 3.52 EQT Energy, LLC Contract No. Reference should be made to the Commission orders to establish the filed rates or terms and conditions of service. 1 Second Revised Volume No. documents in the last year, 1436 We therefore turn to FERC's claim that Columbia's tariff is alone sufficient to provide the Commission with jurisdiction to enforce all the provisions contained therein. § 717(b). 1251, 93 L.Ed. 131579, 1.0.0, Negotiated Rate Agreement, Section 3.11 CNX Gas Company, LLC Contract No. Document Drafting Handbook 39275, 1.0.0, Non-Conforming Svc Agmts, Section 2.3 Virginia Power Services Energy Contract No 71024, 2.0.0, Non-Conforming Svc Agmts, Section 2.4 Columbia Gas of Virginia Contract No. 205994, 0.0.0, Non-Conf Neg Rate Svc Agm, Section 4.37 Antero Resources Corp Contract No. 223197, 1.0.0, Negotiated Rate Agreement, Section 3.60 Citadel Energy Marketing Contract No. Nicole Gas Prod., Ltd., 105 F.E.R.C. are not part of the published document itself. It separately sought to shift from the existing postage-stamp rate design to a two-zone rate structure. ORDER APPROVING REQUEST FOR WAIVER OF TARIFF PROVISION (Issued October 31, 2012) 1. Numerous parties asked the commission to set the issues for full evidentiary hearing if it does not deny the July 31 filing. FERC Gas Tariff Ninth Revised Sheet No. 2778. regulatory information on FederalRegister.gov with the objective of 10228, 0.0.0, Negotiated Rate Agreement, Section 3.40 Tate Gas Co Contract No. Sys. This repetition of headings to form internal navigation links The incremental rates for transportation service on a discrete lateral facilities when constructed will be filed and administered under the rate schedule framework proposed herein, including for Columbia's proposed Marcus Hook Lateral in a related certificate filing. documents in the last year, 195 Please contact the Client Services team. It proposed to increase its cost of service from to $2.9 billion from $602 million and raise its total rate base to about $11.8 billion from $1.6 billion. 195969, 0.0.0, Non-Conf Neg Rate Svc Agm, Section 4.36 EQT Energy, LLC Contract No. According to FERC, the filed rate doctrine "authorizes FERC to enforce tariff language requiring installation of meters on gathering facilities, regardless of whether FERC" would have jurisdiction "in the absence of such language." at 62,262. We therefore do not consider it. 30B is being filed pro forma. Access latest metal news and analysis, conferences and events. This document has been published in the Federal Register. on Columbia is also making conforming changes to its tariff to reflect the addition of this new rate schedule in its tariff. 1499 (1949) ("Sections 4, 5 and 7 do not concern the producing or gathering of natural gas; rather they have reference to the interstate sale and transportation of gas and are so limited by their express terms."). NO. 230707, 0.0.0, Negotiated Rate Agreement, Section 3.62 Colonial Energy, Inc. Contract No. 157998, 0.0.0, Negotiated Rate Agreement, Section 3.1 Nytis Contract No. 149759, 2.0.0, Non-Conf Neg Rate Svc Agm, Section 4.18 Antero Resources Contract No. This site displays a prototype of a “Web 2.0” version of the daily Register, and does not replace the official print version or the official offers a preview of documents scheduled to appear in the next day's The rendition of the tariff provisions and the status of these provisions is based on the best efforts of Commission staff, but does not necessarily represent the rates or terms and conditions of service on file at any particular point in time. 240512, 0.0.0, Negotiated Rate Agreement, Section 3.69: Greylock Production, LLC Contract No. 15256, 0.0.0, Negotiated Rate Agreement, Section 3.36 Reed Brothers LP Contract No. 173522, 0.0.0, Non-Conf Neg Rate Svc Agm, Section 4.30 Eclipse Contract No., 0.0.0, Non-Conf Neg Rate Svc Agm, Section 4.31 Range Resources Contract No. American Mail Line Ltd. v. FMC, 503 F.2d 157, 170 (D.C.Cir.1974); see California Indep. In 1999, Columbia Natural Resources, Inc., a Columbia affiliate, sold 143 natural gas wells to Nicole Gas Production, Ltd. Columbia petitioned for clarification and rehearing. 49833, 0.0.0, Non-Conforming Svc Agmts, Section 2.23 UGI Utilities, Inc. Contract No. Because Congress' intent is clear here, we have no occasion to proceed to Chevron's deferential second step. The President of the United States issues other types of documents, including but not limited to; memoranda, notices, determinations, letters, messages, and orders. In the Commission's view, if a filed tariff stated that its provisions "shall apply to the production or gathering of natural gas," FERC would have jurisdiction over those activities, Oral Arg. 154899, 2.0.0, Negotiate Rate Agreements, Service Agreement No. § 717c(a) ("All rates and charges made, demanded, or received by any natural-gas company for or in connection with the transportation or sale of natural gas subject to the jurisdiction of the Commission ... shall be just and reasonable...." (emphasis added)). Listed below are those cases in which this Featured Case is cited. has no substantive legal effect. documents in the last year, 733 Columbia Gas Transmission Corporation; Notice of Tariff Filing and Non-Conforming Service Agreements, 8790 [E5-731] 10245, 0.0.0, Negotiated Rate Agreement, Section 3.43 Reed Brothers LP Contract No. 172247, 0.0.0, Negotiated Rate Agreement, Section 3.24 Joseph E. Pauley Contract No. The rate schedule and tariff sheets being filed establish a tariff framework that will enable Columbia to construct and provide transportation service on discrete lateral facilities at incremental rates as requested by customers. The short answer to FERC's contention is that it is factually incorrect. ", "This return level is significantly higher than any recent litigated result under the [Natural Gas Act," they wrote. 15 U.S.C. 6800, 1.0.0, Negotiated Rate Agreement, 3.14.01 Service Agreement Amendment No. 74865, 0.0.0, Non-Conforming Svc Agmts, Section 2.15 Columbia Gas of Viriginia Inc Contract No.50473, 0.0.0, Non-Conforming Svc Agmts, Section 2.16 Columbia Gas of Virginia Inc Contract No. 24661 - Kinzer Business Realty, LTD, 0.0.0, Negotiated Rate Agreement, Service Agreement No. Access latest oil news and analysis, conferences and events. 1 Superseding Sub Eighth Revised Sheet No. 204864, 4.0.0, Negotiated Rate Agreement, Section 3.17 EQT Energy, LLC Contract No. 1 Issued by: Marguerite Woung-Chapman, ... X-13 Transportation Agreement with Columbia Gas Transmission Corporation - Notice of Cancellation 112 X-14 Transportation and Storage Agreement with Natural 6890, 0.0.0, Non-Conforming Svc Agmts, Section 2.36 City of Charlottesville Contract No. 25117 - Chesapeake Energy Mktg, Inc., 0.0.0, Negotiated Rate Agreement, Service Agreement No. It argues that FERC cannot compel Columbia to install and pay for the meters because FERC lacks jurisdiction over gathering facilities. Gas Co. v. Hall, 453 U.S. 571, 577, 101 S.Ct. 161147, 1.0.0, Non-Conf Neg Rate Svc Agm, Section 4.20 SWN Energy Contract No. In FERC's order on rehearing, the Commission abandoned the "in connection with" rationale, Nicole Gas Prod., Ltd., 105 F.E.R.C. Your registration is complete and your account is active. About the Federal Register 10255, 0.0.0, Negotiated Rate Agreement, Section 3.44 Prime Operating Company Contract No. documents in the last year, by the Environmental Protection Agency RP16-37-000 . 198795, 2.0.0, Non-Conf Neg Rate Svc Agm, Section 4.47 - Equinor Natural Gas LLC Contract No. Yet NGA section 1(b) states that "[t]he provisions of this chapter" — of which sections 4 and 5 are two — "shall not apply to ... the production or gathering of natural gas." 161148, 1.0.0, Non-Conf Neg Rate Svc Agm, Section 4.21 South Jersey Resources Contract No. documents in the last year, 632 Access latest coal news and analysis, conferences and events. § 717r(b) (providing that "[n]o objection to the order of the Commission shall be considered by the court unless such objection shall have been urged before the Commission in the application for rehearing").