Test for abuse under NGPA Section 601(c)(2): Office of Consumers' Counsel v. FERC

Journal Article · Thu Jan 01 04:00:00 EST 1987 · Energy Law J.; (United States)

OSTI ID:6449041

A review of fraud and abuse challenge against the Natural Gas Policy Act (NGPA) section 601, which allows the Federal Energy Regulatory Commission to control the prices pipeline companies pay. The author explores the statutory background of the case, FERC's authority to interpret provisions of the NGPA in the area of take-or-pay problems, and court opinions. He concludes by outlining approaches for applying the fraud and abuse test, and views the guaranteed pass-through exception of fraud, abuse, or similar grounds as a valuable enforcement tool for FERC. As the terms become better defined, pipelines will be able to structure their business activities to avoid situations likely to lead to fraud or abuse charges. Both FERC and the natural gas industry will benefit from further development of the standard.

• OSTI ID: 6449041
• Journal Information: Energy Law J.; (United States), Journal Name: Energy Law J.; (United States) Vol. 8:1; ISSN ELJOE
• Country of Publication: United States
• Language: English

Related Subjects

03 NATURAL GAS
031000* -- Natural Gas-- Legislation & Regulations
29 ENERGY PLANNING, POLICY, AND ECONOMY
293000 -- Energy Planning & Policy-- Policy
Legislation
& Regulation
294003 -- Energy Planning & Policy-- Natural Gas
ADMINISTRATIVE PROCEDURES
CASE LAW
ENFORCEMENT
INDUSTRY
LAWS
LEGAL ASPECTS
NATIONAL ENERGY ACT
NATIONAL ORGANIZATIONS
NATURAL GAS INDUSTRY
NATURAL GAS POLICY ACT
PIPELINES
PRICING REGULATIONS
REGULATIONS
US DOE
US FERC
US ORGANIZATIONS