18 C.F.R. § 284.402

Blanket marketing certificates

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(a) Authorization. Any person who is not an interstate pipeline is granted a blanket certificate of public convenience and necessity pursuant to section 7 of the Natural Gas Act authorizing the certificate holder to make sales for resale at negotiated rates in interstate commerce of any category of gas that is subject to the Commission's Natural Gas Act jurisdiction. A blanket certificate issued under Subpart L is a certificate of limited jurisdiction which will not subject the certificate holder to any other regulation under the Natural Gas Act jurisdiction of the Commission, other than that set forth in this Subpart L, by virtue of the transactions under this certificate.

(b) The authorization granted in paragraph (a) of this section will become effective on January 7, 1993 except as otherwise provided in paragraph (c) of this section.

(c)(1) The authorization granted in paragraph (a) of this section will become effective for an affiliated marketer with respect to transactions involving affiliated pipelines when an affiliated pipeline receives its blanket certificate pursuant to § 284.284.

(2) Should a marketer be affiliated with more than one pipeline, the authorization granted in paragraph (a) of this section will not be effective for transactions involving other affiliated interstate pipelines until such other pipelines' meet the criterion set forth in paragraph (c)(1) of this section. The authorization granted in paragraph (a) of this section is not extended to affiliates of persons who transport gas in interstate commerce and who do not have a tariff on file with the Commission under part 284 of this subchapter with respect to transactions involving that person.

(d) Abandonment of the sales service authorized in paragraph (a) of this section is authorized pursuant to section 7(b) of the Natural Gas Act upon the expiration of the contractual term or upon termination of each individual sales arrangement.

[Order 547, 57 FR 57959, Dec. 8, 1992, as amended by Order 581, 60 FR 53074, Oct. 11, 1995; Order 644, 68 FR 66337, Nov. 26, 2003]
Notes of Decisions
Cited in 14 cases, 1996–2020 · leading case: City of Clarksville v. Fed. Energy Regulatory Comm'n, 888 F.3d 477 (D.C. Cir. 2018).
City of Clarksville v. Fed. Energy Regulatory Comm'n, 888 F.3d 477 (D.C. Cir. 2018). · cites it 2× “18 C.F.R. § 284.402 . A separate regulation allows the Commission to issue a blanket certificate permitting an otherwise local distribution entity to transport natural gas that is subject to FERC's jurisdiction under the NGA.”
E. & J. Gallo Winery v. Encana Corp., 503 F.3d 1027 (9th Cir. 2007). · cites it 2× “" 18 C.F.R. § 284.402 (a). However, FERC advised the regulated natural gas industry that it would continue to "monitor the operation of the market through the complaint process.”
Breiding v. Eversource Energy, 939 F.3d 47 (1st Cir. 2019). “§ 717 (b), FERC has issued a "blanket certificate of public convenience and necessity" that allows such transactions to proceed at market rates, see 18 C.F.R. § 284.402 . Direct purchasers of natural gas also pay for the transmission of natural gas from the wellhead.”
In Re W. States Wholesale Nat. Gas Anti., 346 F. Supp. 2d 1123 (D. Nev. 2004). · cites it 3× “[14] See 18 C.F.R. § 284.402 (a). Because Congress and FERC have treated the natural gas and electricity markets differently, a decision that FERC regulations preempt state law claims in the electricity *1137 markets does not necessarily men similar claims in the natural gas…”
In Re W. States Wholesale Nat. Gas, 633 F. Supp. 2d 1151 (D. Nev. 2007). “¶ 61,174 (2004); 18 C.F.R. § 284.402 (a). The purpose of the blanket certificates was to "foster a truly competitive market for natural gas sales for resale in interstate commerce, giving purchasers of natural gas access to multiple sources of natural gas and the opportunity to…”
State v. Reliant Energy, Inc., 289 P.3d 1186 (Nev. 2012). “” 18 C.F.R. § 284.402 (a) (2012); see 18 C.”
PNE Energy Supply LLC v. Eversource Energy, 974 F.3d 77 (1st Cir. 2020). “§ 717 (b), FERC has issued a "blanket certificate of public convenience and necessity" that allows such transactions to proceed at market rates, see 18 C.F.R. § 284.402 . Direct purchasers of natural gas also pay for the transmission of natural gas from the wellhead.”
Hadson Gas Sys., Inc. v. Fed. Energy Regulatory Comm'n, Enron Capital & Trade Resources Corp., Intervenor, 75 F.3d 680 (D.C. Cir. 1996). “See 18 CFR § 284.402 (a). Implicit in Hadson’s fallback argument is the view that notice and comment are required where a regulatory deletion, even though legally necessary, may create strong policy reasons for regulatory alterations elsewhere.”
Team Design v. Reliant Energy, Inc., 346 F. Supp. 2d 1123 (D. Nev. 2004). · cites it 3× “14 See 18 C.F.R. § 284.402 (a). Because Congress and FERC have treated the natural gas and electricity markets differently, a decision that FERC regulations preempt state law claims in the elee- *1137 tricity markets does not necessarily men similar claims in the natural gas…”
J.P. Morgan Trust Co. v. Williams Companies, Inc., 471 F. Supp. 2d 1076 (D. Nev. 2006). “¶ 61,174 (2004); 18 C.F.R. § 284.402 (a). The purpose of the blanket certificates was to “foster a truly competitive market for natural gas sales for resale in interstate commerce, giving purchasers of natural gas access to multiple sources of natural gas and the opportunity to…”
Learjet, Inc. v. Oneok, Inc., 633 F. Supp. 2d 1151 (D. Nev. 2007). “¶ 61,174 (2004); 18 C.F.R. § 284.402 (a). The purpose of the blanket certificates was to “foster a truly competitive market for natural gas sales for resale in interstate commerce, giving purchasers of natural gas access to multiple sources of natural gas and the opportunity to…”
City of Clarksville, Tennessee v. FERC (D.C. Cir. 2018). · cites it 2× “18 C.F.R. § 284.402 . A separate regulation allows the Commission to issue a blanket certificate permitting an otherwise local distribution entity to transport natural gas that is subject to FERC’s jurisdiction under the NGA.”
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