18 C.F.R. § 284.403

Code of conduct for persons holding blanket marketing certificates

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(a) To the extent Seller engages in reporting of transactions to publishers of electricity or natural gas indices, Seller must provide accurate and factual information, and not knowingly submit false or misleading information or omit material information to any such publisher, by reporting its transactions in a manner consistent with the procedures set forth in the Policy Statement on Natural Gas and Electric Price Indices, issued by the Commission in Docket No. PL03-3-000 and any clarifications thereto. Seller must notify the Commission as part of its FERC Form No. 552 annual reporting requirement in § 260.401 of this chapter whether it reports its transactions to publishers of electricity and natural gas indices. In addition, Seller shall adhere to any other standards and requirements for price reporting as the Commission may order.

(b) A blanket marketing certificate holder shall retain, for a period of five years, all data and information upon which it billed the prices it charged for the natural gas sold pursuant to its market based sales certificate or the prices it reported for use in price indices.

[Order 644, 68 FR 66337, Nov. 26, 2003, as amended by Order 673, 71 FR 9716, Feb. 27, 2006; Order 677, 71 FR 30287, May 26, 2006; 73 FR 1032, Jan. 4, 2008; 73 FR 55739, Sept. 26, 2008]

Notes of Decisions

Cited in 7 cases, 2004–2018 · leading case: City of Clarksville v. Fed. Energy Regulatory Comm'n, 888 F.3d 477 (D.C. Cir. 2018).

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City of Clarksville v. Fed. Energy Regulatory Comm'n, 888 F.3d 477 (D.C. Cir. 2018). · cites it 2× “First, Clarksville explains that FERC's decision subjects it to the data retention and price reporting requirements set forth in 18 C.F.R. § 284.403 . See Pet'r's Br. 14 & nn.”

In Re W. States Wholesale Nat. Gas, 633 F. Supp. 2d 1151 (D. Nev. 2007). · cites it 3× “644 summarizes FERC's regulatory scheme as follows: Under [ 18 C.F.R. § 284.403 ] . . . any person making natural gas sales for resale in interstate commerce .”

Learjet, Inc. v. Oneok, Inc., 633 F. Supp. 2d 1151 (D. Nev. 2007). · cites it 3× “644 summarizes FERC’s regulatory scheme as follows: Under [ 18 C.F.R. § 284.403 ] ... any person making natural gas sales for resale in interstate commerce .”

J.P. Morgan Trust Co. v. Williams Companies, Inc., 471 F. Supp. 2d 1076 (D. Nev. 2006). “644 summarizes FERC’s regulatory scheme as follows: Under [ 18 C.F.R. § 284.403 ] ... any person making natural gas sales for resale in interstate commerce .”

City of Clarksville, Tennessee v. FERC (D.C. Cir. 2018). · cites it 2× “First, Clarksville explains that FERC’s decision subjects it to the data retention and price reporting requirements set forth in 18 C.F.R. § 284.403 . See Pet’r’s Br. 14 & nn.”

Dynegy, Inc. v. Cherokee Nitrogen Co., 902 So. 2d 13 (Ala. 2004). “See 18 C.F.R. § 284.403 . However, we do not understand, how or if those regulations impact the retail market, and DMT and Dynegy have not answered these questions.”

In Re W. States Wholesale Nat. Gas Anti-Trust Litig., 471 F. Supp. 2d 1076 (D. Nev. 2006). “644 summarizes FERC's regulatory scheme as follows: Under [ 18 C.F.R. § 284.403 ] . . any person making natural gas sales for resale in interstate commerce .”

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