C.F.R. » Title 18 » CHAPTER I—FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY › SUBCHAPTER I—OTHER REGULATIONS UNDER THE NATURAL GAS POLICY ACT OF 1978 AND RELATED AUTHORITIES › PART 284—CERTAIN SALES AND TRANSPORTATION OF NATURAL GAS UNDER THE NATURAL GAS POLICY ACT OF 1978 AND RELATED AUTHORITIES › Subpart A—General Provisions and Conditions

18 C.F.R. § 284.1

Definitions

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(a) Transportation includes storage, exchange, backhaul, displacement, or other methods of transportation.

(b) Appropriate state regulatory agency means a state agency which regulates intrastate pipelines and local distribution companies within such state. When used in reference to rates and charges, the term includes only those agencies which set rates and charges on a cost-of-service basis.

(c) Market center means an area where gas purchases and sales occur at the intersection of different pipelines.

(d) Major non-interstate pipeline means a pipeline that fits the following criteria:

(1) It is not a “natural gas company” under section 1 of the Natural Gas Act, or is a “natural gas company” and has obtained a service area determination under section 7(f) of the Natural Gas Act from the Commission;

(2) It delivers annually more than fifty (50) million MMBtu (million British thermal units) of natural gas measured in average deliveries for the previous three calendar years; or, if the pipeline has been operational for less than three years, its design capacity permits deliveries of more than fifty (50) million MMBtu of natural gas annually.

[44 FR 52184, Sept. 7, 1989, as amended by Order 636, 57 FR 13315, Apr. 16, 1992; Order 720, 73 FR 73517, Dec. 2, 2008; Order 720-A, 75 FR 5201, Feb. 1, 2010]
Notes of Decisions
Cited in 23 cases, 1984–2017 · leading case: In re the Assessment of Pers. Prop. Taxes Against Missouri Gas Energy, 2008 OK 94, 234 P.3d 938.
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In re the Assessment of Pers. Prop. Taxes Against Missouri Gas Energy, 2008 OK 94, 234 P.3d 938. · cites it 8× “[1] Title 18 C.F.R. § 284.1 providing: "Transportation includes storage, exchange, backhaul, displacement, or other methods of transportation.”
ETC Mktg., Ltd. v. Harris Cnty. Appraisal Dist., 528 S.W.3d 70 (Tex. 2017). · cites it 3× “*85 Finally, ETC points to FERC regulations to make its case that its gas storage is inextricably intertwined with transportation.”
Williston Basin Interstate Pipeline Co. v. an Exclusive Gas Storage Leasehold & Easement in the Cloverly Subterranean Geological Formation, 524 F.3d 1090 (9th Cir. 2008). “Under the NGA, a natural gas company must obtain a certificate of public convenience and necessity (CPCN) from FERC before it can engage in the acquisition, construction, operation or extension of any facility. 15 *1093 U.S.”
United Distrib. Companies v. Fed. Energy Regulatory Comm'n, Windward Energy & Mktg. Co., 88 F.3d 1105 (D.C. Cir. 1996). “By defining “transportation” to include “storage,” 18 C.F.R. § 284.1 (a), the Commission made storage subject to the same non-discrimination requirements as capacity rights.”
Midwest Gas Servs., Inc. v. Indiana Gas Co., 317 F.3d 703 (7th Cir. 2003). “18 C.F.R. § 284.1 (emphasis added). We therefore find that Storage is a participant in the relevant market and for that reason is not barred from asserting its claims.”
Peoples Gas, Light, & Coke Co. v. Harrison Cent. Appraisal Dist., 270 S.W.3d 208 (Tex. App.—Texarkana 2008). “” 18 C.F.R. § 284.1 (a). By regulation, then, at least some storage is considered a part of the transportation process.”
Anr Pipeline Co. v. Fed. Energy Regulatory Comm'n, 71 F.3d 897 (D.C. Cir. 1995). “FERC did deny MichCon's request to use state-approved market-based rates for contract storage rates because FERC’s regulations required the use of cost-of-service rates, 18 C.F.R. § 284.1 (b) (1995), and MichCon failed to show that the market for the use of storage facilities…”
Nat. Gas Clearinghouse v. Fed. Energy Regulatory Comm'n, 108 F.3d 397 (D.C. Cir. 1997). “” 18 C.F.R. § 284.1 (a) (1996). Here the gas is used, by Koch itself, to provide transportation service to Koch’s transportation customers, and nothing in the FERC definition suggests that energy used for transportation is not an aspect of transportation service.”
N. Nat. Gas Co. v. Approximately 9117.53 Acres in Pratt, 781 F. Supp. 2d 1155 (D. Kan. 2011). “A final judgment has been entered in Pratt County District Court litigation involving Northern and producers and purchasers of gas in the Expansion Area.”
Louisiana Ass'n of Indep. Producers & Royalty Owners v. Fed. Energy Regulatory Comm'n, 958 F.2d 1101 (D.C. Cir. 1992). “§ 717f(c); see also 18 C.F.R. § 284.1 (a) (defining transportation to include exchanges).”
Etc Mktg., Ltd. v. Harris Cnty. Appraisal Dist., 518 S.W.3d 371 (Tex. 2017). · cites it 4× “Succinctly, ETC does not store gas to facilitate a continuous journey; ETC stores gas to avoid transportation for the time being—the antithesis of continuity. Finally, ETC points to FERC regulations to make its case that its gas storage is inextricably intertwined with…”
Colorado Interstate Gas Co. v. Fed. Energy Regulatory Comm'n, 890 F.2d 1121 (10th Cir. 1989). “See generally 18 C.F.R. §§ 284.1 -.13; §§ 284.-221-.226 (1989) (promulgated as part of Order No.”
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