Has FERC's jurisdiction now been resolved?
✍ Scribed by Morgan, Richard G. ;Drom, Richard A.
- Publisher
- John Wiley and Sons
- Year
- 2008
- Weight
- 379 KB
- Volume
- 7
- Category
- Article
- ISSN
- 0743-5665
No coin nor oath required. For personal study only.
✦ Synopsis
On September 17, the Federal Energy Regulatory Commission issued an order that clarified the commission's authority over production and gathering lines, under Sectionl(b) of the Natural Gas A n Specifically, the commission modified its prior application of theprimaryfirnction test to include consideration of the changing technical and geographic nature of exploration and production, when considering the length criteria of a pipeline.
Although this modification clarified some issues. the real sigruficance of the order is the commission's apparent retreat from recent efforts to extend its jurisdiction over gathering facilities. A number of other important issues remain unresolved, regarding the extent of the commission's authority over gathering and production pipelines (such as the commission's ability to determine whether the rates for gathering pipelines which are outside of its jurisdiction are reasonable).