4 Colo. Code Regs. § 723-4-4208
Current through Register Vol. 47, No. 22, November 25, 2024
Section 4 CCR 723-4-4208 - Anticompetitive Conduct Prohibited(a) A utility shall apply all transportation rates and policies without undue discrimination or preference to its affiliates. Each contract to transport gas for a marketing or brokering affiliate of a utility shall be an arm's-length agreement containing only terms which are available to other transportation customers.(b) A utility is prohibited from engaging in anticompetitive conduct, discriminatory behavior, and preferential treatment in transporting gas, including (without limitation) the following: (I) disclosure to a marketing or brokering affiliate of confidential information provided by nonaffiliated transportation customers;(II) disclosing to any transportation customer the utility's own confidential information unless the same information is communicated contemporaneously to all current transportation customers;(III) disclosing to any transportation customer of information filed with a transportation request unless the same information is communicated contemporaneously to all current transportation customers;(IV) providing any false or misleading information, or failing to provide information, regarding the availability of capacity for transportation service;(V) tying an agreement to release gas to an agreement by the transportation customer to obtain services from a marketing or brokering affiliate of the utility or to an offer by the utility to provide or to expedite transportation service to its affiliate for the released gas;(VI) providing any false or misleading information, or failing to provide information, about gas releases;(VII) failing to notify all affiliate brokers and marketers and all transportation customers of gas releases at the same time and in the same manner or otherwise allowing marketing or brokering affiliates preferential access to released gas;(VIII) lending gas to a marketing or brokering affiliate to meet balancing requirements except under terms available to other transportation customers;(IX) directing potential customers to the utility's own marketing or brokering affiliate, but the utility may provide a list of all registered gas marketers and brokers, including its affiliates;(X) charging lower rates to a transportation customer conditioned on the purchase of gas from the utility's marketing or brokering affiliate;(XI) conditioning the availability of transportation service upon the use of the utility's marketing or brokering affiliate;(XII) providing exchange or displacement services to one transportation customer without providing them to others on the same terms and conditions;(XIII) giving its marketing affiliate preference over nonaffiliated customers in matters relating to transportation including, but not limited to, scheduling, balancing, transportation, storage, or curtailment priority;(XIV) disclosing to its affiliate any information the utility received from a nonaffiliated transportation customer or potential nonaffiliated transportation customer;(XV) failing contemporaneously to provide identical gas transportation sales or marketing information it provides to a marketing affiliate to all potential transportation customers, affiliated and nonaffiliated, on its system; and(XVI) failing to make available to all similarly-situated nonaffiliated transportation customers discounts which are comparable to those made to an affiliated marketer.38 CR 17, September 10, 2015, effective 9/30/201540 CR 01, January 10, 2017, effective 1/30/201741 CR 11, June 10, 2018, effective 6/30/201842 CR 07, April 10, 2019, effective 4/30/201943 CR 08, April 25, 2020, effective 5/15/202044 CR 04, February 25, 2021, effective 3/17/202144 CR 24, December 25, 2021, effective 1/14/202245 CR 18, September 25, 2022, effective 10/15/202246 CR 06, March 25, 2023, effective 1/25/202346 CR 08, April 25, 2023, effective 5/15/2023