W. Va. Code R. § 150-16-4

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 150-16-4 - Transportation Obligations

4.1. Obligations -

All natural gas public utilities and intrastate pipelines shall provide non-discriminatory transportation of customer-owned gas, upon request, upon a first come/first served basis, to persons requesting such service over the existing facilities of the utility or intrastate pipelines. Transportation service shall include service to a pool, provided, however, that pool membership shall be made available only to interruptible transportation customers. Pooling shall be made available to human needs customers only as set forth in these Gas Transportation Rules.

4.2. Conditions -

The obligation to provide transportation services shall be subject to valid capacity restraints. Pooling service also shall be subject to valid operational characteristics of the utility or intrastate pipeline, satisfactory proof that the pool operator is qualified under the provisions of these regulations and/or other Commission consideration(s) and all other laws of the State.

4.2.1. A rebuttable presumption shall exist that adequate capacity exists to provide the requested transportation service.

4.2.2. In the event of a dispute between an existing or potential transportation customer and a public utility or intrastate pipeline over the adequacy of capacity to provide the requested transportation service, the Commission shall resolve the dispute through its complaint procedures in which the utility or intrastate pipeline will have the initial burden of overcoming a presumption that adequate capacity does exist.

4.3. Application forms -

The information required by a utility or intrastate pipeline to process a request for transportation service shall be clearly set forth on an application form which shall be made available upon request.

4.3.1. The application form shall be contained within the utility's or intrastate pipeline's transportation tariffs

4.3.2. The requirements of such forms shall be just and reasonable and shall not be unduly burdensome upon the applicant for transportation services.

4.4. Processing of applications -

All requests for transportation services shall be approved or rejected by the utility or intrastate pipeline within twenty (20) working days following receipt of a completed application form. If the request is rejected, a written reason must be given at the time of the rejection together with an indication of the revisions which would make the application acceptable, if at all.

4.5. Discrimination prohibited -

All transportation services to be offered and policies and practices with respect thereto shall be applied without unjust discrimination or preference, either as to affiliates or nonaffiliates.

4.6. Creditworthiness -

The utility or intrastate pipeline shall establish creditworthiness standards for pool operators that are not unduly discriminatory, and that shall consider, among other factors, the past payment history of the applicant with the utility. The utility or intrastate pipeline may consider the total potential monetary loss to the utility or intrastate pipeline in the event of a default on the part of the pool operator. Where such standards result in a requirement for a deposit or other financial assurance, such deposit amount or financial assurance amount shall not exceed that permitted at Rule 4.2.1 of the Commission's Rules for the Government of Gas Utilities and Gas Pipeline Safety, 150 C.S.R. Series 4 (Gas Utility Rules).

W. Va. Code R. § 150-16-4