18 Cfr 284.13

§ 284.13

18 CFR Ch. I (4–1–13 Edition)

(iii) Imbalance management. A pipeline
with imbalance penalty provisions in
its tariff must provide, to the extent
operationally practicable, parking and
lending or other services that facilitate
the ability of its shippers to manage
transportation imbalances. A pipeline
also must provide its shippers the opportunity to obtain similar imbalance
management services from other providers and shall provide those shippers
using other providers access to transportation and other pipeline services
without undue discrimination or preference.
(iv) Operational flow orders. A pipeline
must take all reasonable actions to
minimize the issuance and adverse impacts of operational flow orders (OFOs)
or other measures taken to respond to
adverse operational events on its system. A pipeline must set forth in its
tariff clear standards for when such
measures will begin and end and must
provide timely information that will
enable shippers to minimize the adverse impacts of these measures.
(v) Penalties. A pipeline may include
in its tariff transportation penalties
only to the extent necessary to prevent
the impairment of reliable service.
Pipelines may not retain net penalty
revenues, but must credit them to shippers in a manner to be prescribed in
the pipeline’s tariff. A pipeline with
penalty provisions in its tariff must
provide to shippers, on a timely basis,
as much information as possible about
the imbalance and overrun status of
each shipper and the imbalance of the
pipeline’s system.
(3) Communication protocols. (i)(A) All
electronic information provided and
electronic transactions conducted by a
pipeline must be provided on the public
Internet. A pipeline must provide, upon
request, private network connections
using internet tools, internet directory
services, and internet communication
protocols and must provide these networks with non-discriminatory access
to all electronic information. A pipeline may charge a reasonable fee to recover the costs of providing such an
interconnection.
(B) A pipeline must implement this
requirement no later than June 1, 2000.
(ii) A pipeline must comply with the
following requirements for documents

constituting public information posted
on the pipeline web site:
(A) The documents must be accessible to the public over the public
Internet using commercially available
web browsers, without imposition of a
password or other access requirement;
(B) Users must be able to search an
entire document online for selected
words, and must be able to copy selected portions of the documents; and
(C) Documents on the web site should
be directly downloadable without the
need for users to first view the documents on the web site.
(iii) If a pipeline uses a numeric or
other designation to represent information, an electronic cross-reference
table between the numeric or other
designation and the information represented must be available to users, at
a cost not to exceed reasonable shipping and handling.
(iv) A pipeline must provide the same
content for all information regardless
of the electronic format in which it is
provided.
(v) A pipeline must maintain, for a
period of three years, all information
displayed and transactions conducted
electronically under this section and be
able to recover and regenerate all such
electronic information and documents.
The pipeline must make this archived
information available in electronic
form for a reasonable fee.
(vi) A pipeline must post notices of
operational flow orders, critical periods, and other critical notices on its
Internet web site and must notify affected parties of such notices in either
of the following ways to be chosen by
the affected party: Internet E-Mail or
direct notification to the party’s Internet URL address.
[Order 587, 61 FR 39068, July 26, 1996]
EDITORIAL NOTE: For FEDERAL REGISTER citations affecting § 284.12, see the List of CFR
Sections Affected, which appears in the
Finding Aids section of the printed volume
and at www.fdsys.gov.

§ 284.13 Reporting requirements
interstate pipelines.

for

An interstate pipeline that provides
transportation service under subparts
B or G of this part must comply with
the following reporting requirements.

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Federal Energy Regulatory Commission
(a) Cross references. The pipeline must
comply with the requirements in Part
358, Part 250, and Part 260 of this chapter, where applicable.
(b) Reports on firm and interruptible
services. An interstate pipeline must
post the following information on its
Internet web site, and provide the information in downloadable file formats, in conformity with § 284.12 of this
part, and must maintain access to that
information for a period not less than
90 days from the date of posting.
(1) For pipeline firm service and for
release transactions under § 284.8, the
pipeline must post with respect to each
contract, or revision of a contract for
service, the following information no
later than the first nomination under a
transaction:
(i) The full legal name of the shipper,
and identification number, of the shipper receiving service under the contract, and the full legal name, and
identification number, of the releasing
shipper if a capacity release is involved
or an indication that the pipeline is the
seller of transportation capacity;
(ii) The contract number for the shipper receiving service under the contract, and, in addition, for released
transactions, the contract number of
the releasing shipper’s contract;
(iii) The rate charged under each contract;
(iv) The maximum rate, and for capacity release transactions not subject
to a maximum rate, the maximum rate
that would be applicable to a comparable sale of pipeline services;
(v) The duration of the contract;
(vi) The receipt and delivery points
and zones or segments covered by the
contract, including the industry common code for each point, zone, or segment;
(vii) The contract quantity or the
volumetric quantity under a volumetric release;
(viii) Special terms and conditions
applicable to a capacity release transaction, including all aspects in which
the contract deviates from the pipeline’s tariff, and special details pertaining to a pipeline transportation
contract, including whether the contract is a negotiated rate contract,
conditions applicable to a discounted
transportation contract, and all as-

§ 284.13
pects in which the contract deviates
from the pipeline’s tariff.
(ix) Whether there is an affiliate relationship between the pipeline and the
shipper or between the releasing and
replacement shipper.
(x) Whether a capacity release is a
release to an asset manager as defined
in § 284.8(h)(3) and the asset manager’s
obligation to deliver gas to, or purchase gas from, the releasing shipper.
(xi) Whether a capacity release is a
release to a marketer participating in
a state-regulated retail access program
as defined in § 284.8(h)(4).
(2) For pipeline interruptible service,
the pipeline must post on a daily basis
no later than the first nomination for
service under an interruptible agreement, the following information:
(i) The full legal name, and identification number, of the shipper receiving service;
(ii) The rate charged;
(iii) The maximum rate;
(iv) The receipt and delivery points
covered between which the shipper is
entitled to transport gas at the rate
charged, including the industry common code for each point, zone, or segment;
(v) The quantity of gas the shipper is
entitled to transport;
(vi) Special details pertaining to the
agreement, including conditions applicable to a discounted transportation
contract and all aspects in which the
agreement deviates from the pipeline’s
tariff.
(vii) Whether the shipper is affiliated
with the pipeline.
(c) Index of customers. (1) On the first
business day of each calendar quarter,
an interstate pipeline must file with
the Commission an index of all its firm
transportation and storage customers
under contract as of the first day of the
calendar quarter that complies with
the requirements set forth by the Commission. The Commission will establish
the requirements and format for such
filing. The index of customers must
also posted on the pipeline’s Internet
web, in accordance with standards
adopted in § 284.12 of this part, and
made available from the Internet web

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§ 284.13

18 CFR Ch. I (4–1–13 Edition)

site in a downloadable format complying with the specifications established by the Commission. The information posted on the pipeline’s Internet web site must be made available
until the next quarterly index is posted.
(2) For each shipper receiving firm
transportation or storage service, the
index must include the following information:
(i) The full legal name, and identification number, of the shipper;
(ii) The applicable rate schedule
number under which the service is
being provided;
(iii) The contract number;
(iv) The effective and expiration
dates of the contract;
(v) For transportation service, the
maximum daily contract quantity
(specify unit of measurement), and for
storage service, the maximum storage
quantity (specify unit of measurement);
(vi) The receipt and delivery points
and the zones or segments covered by
the contract in which the capacity is
held, including the industry common
code for each point, zone, or segment;
(vii) An indication as to whether the
contract includes negotiated rates;
(viii) The name of any agent or asset
manager managing a shipper’s transportation service; and
(ix) Any affiliate relationship between the pipeline and a shipper or between the pipeline and a shipper’s asset
manager or agent.
(3) The requirements of this section
do not apply to contracts which relate
solely to the release of capacity under
§ 284.8, unless the release is permanent.
(4) Pipelines that are not required to
comply with the index of customers
posting and filing requirements of this
section must comply with the index of
customer requirements applicable to
transportation and sales under Part 157
as set forth under § 154.111(b) and (c) of
this chapter.
(5) The requirements for the electronic index can be obtained from the
Federal Energy Regulatory Commission, Division of Information Services,
Public Reference and Files Maintenance Branch, Washington, DC 20426.
(d) Capacity and flow information. (1)
An interstate pipeline must provide on

its
Internet
web
site
and
in
downloadable file formats, in conformity with § 284.12 of this part, equal
and timely access to information relevant to the availability of all transportation services whenever capacity is
scheduled, including, but not limited
to, the availability of capacity at receipt points, on the mainline, at delivery points, and in storage fields,
whether the capacity is available directly from the pipeline or through capacity release, the total design capacity of each point or segment on the
system, the amount scheduled at each
point or segment whenever capacity is
scheduled, and all planned and actual
service outages or reductions in service
capacity. An interstate pipeline must
also provide information about the volumes of no-notice transportation provided pursuant to § 284.7(a)(4). This information must be posted at each receipt and delivery point before 11:30
a.m. central clock time three days
after the day of gas flow and must reflect the pipeline’s best estimate. Updated information must be posted at
each receipt and delivery point as necessary within ten business days after
the month of gas flow.
(2) An interstate pipeline must make
an annual filing by March 1 of each
year showing the estimated peak day
capacity of the pipeline’s system, and
the estimated storage capacity and
maximum daily delivery capability of
storage facilities under reasonably representative operating assumptions and
the respective assignments of that capacity to the various firm services provided by the pipeline.
(e) Notice of bypass. An interstate
pipeline that provides transportation
(except storage) to a customer that is
located in the service area of a local
distribution company and will not be
delivering the customer’s gas to that
local distribution company, must file
with the Commission, within thirty
days after commencing such transportation, a statement that the interstate
pipeline has notified the local distribution company and the local distribution company’s appropriate regulatory
agency in writing of the proposed

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Federal Energy Regulatory Commission
transportation
ment.

prior

to

commence-

[Order 637, 65 FR 10221, Feb. 25, 2000, as
amended by Order 637–A, 65 FR 35765, June 5,
2000; Order 2004, 68 FR 69157, Dec. 11, 2003;
Order 712, 73 FR 37092, June 30, 2008; Order
720, 73 FR 73517, Dec. 2, 2008; Order 720–B, 75
FR 44900, July 30, 2010; Order 757, 77 FR 4224,
Jan. 27, 2012]

§ 284.14 Posting requirements of major
non-interstate pipelines.
(a) Daily posting requirement. A major
non-interstate pipeline must post on a
daily basis on a publicly-accessible
Internet Web site and in downloadable
file format equal and timely access to
information regarding receipt or delivery points, including non-physical
scheduling points.
(1) A major non-interstate pipeline
must post data for each receipt or delivery point, or for any point that operates as both a delivery and receipt
point for the major non-interstate
pipeline, to which natural gas transportation is scheduled:
(i) With a physically metered design
capacity equal to or greater than 15,000
MMBtu (million British thermal units)/
day; or
(ii) If a physically metered design capacity is not known or does not exist
for such a point, with a maximum volume scheduled to such a point equal to
or greater than 15,000 MMBtu on any
day within the prior three calendar
years.
(2) Notwithstanding the requirements
of subsection 284.14(a)(1), a receipt
point is not subject to the posting requirements of this section if the maximum scheduled volume at the receipt
point was less than 5,000 MMBtu on
every day within the prior three calendar years. If a point has operated as
both a receipt and delivery point any
time within the prior three calendar
years, subsection 284.14(a)(2) shall not
apply to that point.
(3) A major non-interstate pipeline
that must post data for a receipt or delivery point shall do so within 45 days
of the date that the point becomes eligible for posting.
(4) For each delivery or receipt point
that must be posted, a major non-interstate pipeline must provide the following information by 10:00 p.m. cen-

§ 284.14
tral clock time the day prior to scheduled natural gas flow: Transportation
Service Provider Name, Posting Date,
Posting Time, Nomination Cycle, Location Name, Additional Location Information if Needed to Distinguish Between Points, Location Purpose Description (Receipt, Delivery, Bilateral,
or Non-physical Scheduling Point),
Posted Capacity (physically metered
design capacity or maximum flow
within the last three years), Method of
Determining Posted Capacity (Capacity or Maximum Volume), Scheduled
Volume, Available Capacity (Calculated as Posted Capacity minus
Scheduled Capacity), and Measurement
Unit (Dth, MMBtu, or MCf). For receipt
or delivery points with bi-directional
scheduled flows, the Scheduled Volume
for scheduled flow in each direction
must be posted. The information in
this subsection must remain posted for
at least a period of one year.
(5) Newly constructed major noninterstate pipelines, which commence
service after the effective date of this
section, must comply with the requirements of this section upon their inservice date. Except for newly constructed major non-interstate pipelines, a major non-interstate pipeline
that becomes subject to the requirements of this section in any year after
the effective date of this section has
until June 1 of that year to comply
with the requirements of this section.
(b) Exemptions to daily posting requirement. The following categories of major
non-interstate pipelines are exempt
from the posting requirement of
§ 284.14(a):
(1) Those that are located upstream
of a processing, treatment or dehydration plant;
(2) Those that deliver more than
ninety-five percent (95%) of the natural
gas volumes they flow directly to endusers or on-system storage as measured
in average deliveries for the previous
three calendar years;
(3) Storage providers;
(4) Those that deliver the entirety of
their transported natural gas directly
to an end-user that owns or operates
the major non-interstate pipeline.
[Order 720–A, 75 FR 5201, Feb. 1, 2010, as
amended by Order 720–B, 75 FR 44900, July 30,
2010]

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