๐”– Bobbio Scriptorium
โœฆ   LIBER   โœฆ

Gathering: Expanded Influence of the FERC

โœ Scribed by Neinast, Steven H.


Book ID
102218194
Publisher
John Wiley and Sons
Year
2007
Weight
426 KB
Volume
5
Category
Article
ISSN
0743-5665

No coin nor oath required. For personal study only.

โœฆ Synopsis


When addressing questions regarding the jurisdictional status of a natural gas delivery system, the Federal Energy Regulatory Commission relies on the primary function test enuciated in Farmland Industries, Inc. (the Farmland test)? Although application of the Farmland test is subjective and often result-oriented, analysis of the orders issued by the commission in recent years provided a fairly consistent pattern through which a company often could ascertain, without resort to commission procedures, whether a proposed facility would be "gathering" in nature and therefore exempt from the commission's ju- risdiction under the Natural Gas Act (NGA), or whether the facility would perform the functions of a transmission line subject to the commission's NGA jurisdiction?

Actions by the commission and its general counsel in the spring of 1988, however, indicate that the traditional application of the Farmland test, as well as the commission's regulation (or lack thereofl of gathering services, may be in a state of flux. This article will first trace the development and parameters of the F m l a n d test and then will explain the recent actions that portend a change in the commission's analysis of proposed gathering systems and selvices.


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