18 Cfr 284.102

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Federal Energy Regulatory Commission
(3) A major non-interstate pipeline
that must post data for a receipt or delivery point shall do so within 45 days
of the date that the point becomes eligible for posting.
(4) For each delivery or receipt point
that must be posted, a major non-interstate pipeline must provide the following information by 10:00 p.m. central clock time the day prior to scheduled natural gas flow: Transportation
Service Provider Name, Posting Date,
Posting Time, Nomination Cycle, Location Name, Additional Location Information if Needed to Distinguish Between Points, Location Purpose Description (Receipt, Delivery, Bilateral,
or Non-physical Scheduling Point),
Posted Capacity (physically metered
design capacity or maximum flow
within the last three years), Method of
Determining Posted Capacity (Capacity or Maximum Volume), Scheduled
Volume, Available Capacity (Calculated as Posted Capacity minus
Scheduled Capacity), and Measurement
Unit (Dth, MMBtu, or MCf). For receipt
or delivery points with bi-directional
scheduled flows, the Scheduled Volume
for scheduled flow in each direction
must be posted. The information in
this subsection must remain posted for
at least a period of one year.
(5) Newly constructed major noninterstate pipelines, which commence
service after the effective date of this
section, must comply with the requirements of this section upon their inservice date. Except for newly constructed major non-interstate pipelines, a major non-interstate pipeline
that becomes subject to the requirements of this section in any year after
the effective date of this section has
until June 1 of that year to comply
with the requirements of this section.
(b) Exemptions to daily posting requirement. The following categories of major
non-interstate pipelines are exempt
from the posting requirement of
§ 284.14(a):
(1) Those that are located upstream
of a processing, treatment or dehydration plant;
(2) Those that deliver more than
ninety-five percent (95%) of the natural
gas volumes they flow directly to endusers or on-system storage as measured

§ 284.102
in average deliveries for the previous
three calendar years;
(3) Storage providers;
(4) Those that deliver the entirety of
their transported natural gas directly
to an end-user that owns or operates
the major non-interstate pipeline.
[Order 720–A, 75 FR 5201, Feb. 1, 2010, as
amended by Order 720–B, 75 FR 44900, July 30,
2010]

§ 284.15 Bidding by affiliates in open
seasons for pipeline capacity.
(a) Multiple affiliates of the same entity may not participate in an open
season for pipeline capacity conducted
by any interstate pipeline providing
service under subparts B and G of this
part, in which the pipeline may allocate capacity on a pro rata basis, unless
each affiliate has an independent business reason for submitting a bid.
(b) For purposes of this section, an
affiliate is any person that satisfies the
definition of affiliate in § 358.3(a)(1) and
(3) of this chapter with respect to another entity participating in an open
season subject to paragraph (a) of this
section.
[Order 894, 76 FR 72306, Nov. 23, 2011]

Subpart B—Certain Transportation
by Interstate Pipelines
§ 284.101

Applicability.

This subpart implements section
311(a)(1) of the NGPA and applies to the
transportation of natural gas by any
interstate pipeline on behalf of:
(a) Any intrastate pipeline; or
(b) Any local distribution company.
§ 284.102 Transportation by interstate
pipelines.
(a) Subject to paragraphs (d) and (e)
of this section, other provisions of this
subpart, and the conditions of subpart
A of this part, any interstate pipeline
is authorized without prior Commission approval, to transport natural gas
on behalf of:
(1) Any intrastate pipeline; or
(2) Any local distribution company.
(b) Any rates charged for transportation under this subpart may not exceed the just and reasonable rates established under subpart A of this part.

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§§ 284.103–284.106

18 CFR Ch. I (4–1–16 Edition)

(c) An interstate pipeline that engages in transportation arrangements
under this subpart must file reports in
accordance with § 284.13 of this chapter.
(d) Transportation of natural gas is
not on behalf of an intrastate pipeline
or local distribution company or authorized under this section unless:
(1) The intrastate pipeline or local
distribution company has physical custody of and transports the natural gas
at some point; or
(2) The intrastate pipeline or local
distribution company holds title to the
natural gas at some point, which may
occur prior to, during, or after the time
that the gas is being transported by the
interstate pipeline, for a purpose related to its status and functions as an
intrastate pipeline or its status and
functions as a local distribution company; or
(3) The gas is delivered at some point
to a customer that either is located in
a local distribution company’s service
area or is physically able to receive direct deliveries of gas from an intrastate pipeline, and that local distribution company or intrastate pipeline
certifies that it is on its behalf that
the interstate pipeline is providing
transportation service.
(e) An interstate pipeline must obtain from its shippers certifications including sufficient information to verify
that their services qualify under this
section. Prior to commencing transportation service described in paragraph
(d)(3) of this section, an interstate
pipeline must receive the certification
required from a local distribution company or an intrastate pipeline pursuant
to paragraph (d)(3) of this section.
[Order 436, 50 FR 42495, Oct. 18, 1985, as
amended by Order 526, 55 FR 33011, Aug. 13,
1990; Order 537, 56 FR 50245, Oct. 4, 1991; Order
581, 60 FR 53072, Oct. 11, 1995; Order 637, 65 FR
10222, Feb. 25, 2000; Order 756, 77 FR 4894, Feb.
1, 2012]

§§ 284.103–284.106

[Reserved]

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Subpart C—Certain Transportation
by Intrastate Pipelines
§ 284.121

Applicability.

This subpart implements section
311(a)(2) of the NGPA and applies to the

transportation of natural gas by any
intrastate pipeline on behalf of:
(a) Any interstate pipeline, or
(b) Any local distribution company
served by any interstate pipeline.
§ 284.122 Transportation by intrastate
pipelines.
(a) Subject to paragraph (d) of this
section, other provisions of this subpart, and the applicable conditions of
Subpart A of this part, any intrastate
pipeline may, without prior Commission approval, transport natural gas on
behalf of:
(1) Any interstate pipeline; or
(2) Any local distribution company
served by an interstate pipeline.
(b) No rate charged for transportation authorized under this subpart
may exceed a fair and equitable rate
under § 284.123.
(c) Any intrastate pipeline engaged
in transportation arrangements authorized under this section must file
reports as required by § 284.126.
(d) Transportation of natural gas is
not on behalf of an interstate pipeline
or local distribution company served
by an interstate pipeline or authorized
under this section unless:
(1) The interstate pipeline or local
distribution company has physical custody of and transports the natural gas
at some point; or
(2) The interstate pipeline or local
distribution company holds title to the
natural gas at some point, which may
occur prior to, during, or after the time
that the gas is being transported by the
intrastate pipeline, for a purpose related to its status and functions as an
interstate pipeline or its status and
functions as a local distribution company.
[Order 436, 50 FR 42495, Oct. 18, 1985, as
amended by Order 537, 56 FR 50245, Oct. 4,
1991; Order 537–A, 57 FR 46501, Oct. 9, 1992;
Order 581, 60 FR 53073, Oct. 11, 1995; Order 756,
77 FR 4894, Feb. 1, 2012]

§ 284.123 Rates and charges.
(a) General rule. Rates and charges for
transportation of natural gas authorized under § 284.122(a) shall be fair and
equitable as determined in accordance
with paragraph (b) of this section.
(b) Election of rates. (1) Subject to the
conditions in §§ 284.7 and 284.9 of this

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