C.F.R. » Title 18 » CHAPTER I—FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY › SUBCHAPTER S—STANDARDS OF CONDUCT FOR TRANSMISSION PROVIDERS › PART 358—STANDARDS OF CONDUCT

18 C.F.R. § 358.4

Non-discrimination requirements

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(a) A transmission provider must strictly enforce all tariff provisions relating to the sale or purchase of open access transmission service, if the tariff provisions do not permit the use of discretion.

(b) A transmission provider must apply all tariff provisions relating to the sale or purchase of open access transmission service in a fair and impartial manner that treats all transmission customers in a not unduly discriminatory manner, if the tariff provisions permit the use of discretion.

(c) A transmission provider may not, through its tariffs or otherwise, give undue preference to any person in matters relating to the sale or purchase of transmission service (including, but not limited to, issues of price, curtailments, scheduling, priority, ancillary services, or balancing).

(d) A transmission provider must process all similar requests for transmission in the same manner and within the same period of time.

Notes of Decisions
Cited in 3 cases, 2006–2014 · leading case: Nat'l Fuel Gas Supply Corp. v. Fed. Energy Regulatory Comm'n, 468 F.3d 831 (D.C. Cir. 2006).
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Nat'l Fuel Gas Supply Corp. v. Fed. Energy Regulatory Comm'n, 468 F.3d 831 (D.C. Cir. 2006). “” 18 C.F.R. § 358.4 (a)(l)-(2). Further, a pipeline generally may not permit its affiliates’ employees to engage in transmission system operations or reliability functions or to access the system control center.”
Ellis-Hall Consultants, LLC v. Pub. Serv. Comm'n, 2014 UT 52 (Utah 2014). “" 18 C.F.R. § 358.4 (a) (emphasis added). In other words, the federal anti-discrimination regulations clearly contemplate some discretion and leniency in the process.”
Ellis-Hall v. PSC, 2014 UT 52 (Utah 2014). “” 18 C.F.R. § 358.4 (a) (emphasis added). In other words, the federal anti-discrimination regulations clearly contemplate some discretion and leniency in the process.”
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