Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 69 - GENERAL ORDERS, POLICY STATEMENTS AND GUIDELINES ON FIXED UTILITIES › POLICY STATEMENT ADDRESSING AFFILIATED INTEREST ISSUES OF NATURAL GAS MARKETERS › Section 69.192 - Affiliated interest-statement of policy

Current through Register Vol. 54, No. 28, July 13, 2024
The following policies should be applied by the local
						distribution companies (LDCs):
(1) The
					 LDC should apply its tariffs in a nondiscriminatory manner to its affiliate,
					 its own marketing division and any nonaffiliate.
(2) The LDC should likewise not apply a
					 tariff provision in any manner that would give its affiliate or division an
					 unreasonable preference over other marketers with regard to matters such as
					 scheduling, balancing, transportation, storage, curtailment or
					 nondelivery.
(3) If a tariff
					 provision is mandatory, the LDC should not waive the provision for its
					 affiliate or division absent prior approval of the Commission.
(4) If a tariff provision is not mandatory or
					 provides for waivers, the LDC should grant the waivers without preference to
					 affiliates and divisions or nonaffiliates.
(5) The LDC should maintain a chronological
					 log of tariff provisions for which it has granted waivers. Entries should
					 include the name of the party receiving the waiver, the date and time of the
					 request, the specific tariff provision waived and the reason for the waiver.
					 Any chronological log should be open for public inspection during normal
					 business hours.
(6) The LDC should
					 process requests for transportation promptly and in a nondiscriminatory fashion
					 with respect to other requests received in the same or a similar period. The
					 LDC should maintain a chronological log showing the processing of requests for
					 transportation services. Any chronological log should be open for public
					 inspection during normal business hours.
(7) Transportation discounts provided to the
					 LDC's or its marketing affiliate's favored customers should be offered to other
					 similarly situated customers and should not be tied to any unrelated service,
					 incentive or offer on behalf of either the parent or affiliate. A chronological
					 log should be maintained showing the date, party, time and rationale for the
					 action. Any chronological log should be open for public inspection during
					 normal business hours.
(8) The LDC
					 should not disclose any customer proprietary information to its marketing
					 affiliate or division, and to the extent that it does disclose customer
					 information, it should do so to other similarly situated marketers in a similar
					 fashion so as not to selectively disclose, delay disclosure, or give itself or
					 its affiliate any undue advantage related to the disclosure. A chronological
					 log should be maintained showing the date, time and rationale for the
					 disclosure. Any chronological log should be open for public inspection during
					 normal business hours.
(9) An LDC
					 should justly and reasonably allocate to its marketing affiliate or division
					 the costs or expenses for general administration or support services.
(10) An LDC selling surplus gas supplies
					 and/or upstream capacity on a short-term basis (as defined by the Federal
					 Energy Regulatory Commission's definition) to its affiliate should make
					 supplies available to similarly situated marketers on a nondiscriminatory
					 basis. An LDC should not make any gas supplies and/or upstream capacity
					 available through private disclosure to an LDC's affiliate unless the
					 availability is made simultaneously with public dissemination in a manner that
					 fairly apprises interested parties of the availability of the gas supplies
					 and/or upstream capacity. An LDC should maintain a chronological log of these
					 public disseminations. Any chronological log should be open for public
					 inspection during normal business hours.
(11) The LDC should not condition or tie
					 agreements to release interstate pipeline capacity to any service in which the
					 LDC or affiliate is involved.
(12)
					 The LDC should not directly or by implication unfairly represent to any
					 customer, supplier or third party that an advantage may accrue to any party
					 through use of the LDC's affiliate or subsidiary.
(13) The LDC should establish and file with
					 the Commission a complaint procedure for dealing with any alleged violations of
					 any of the standards listed in paragraphs (1)-(12), this paragraph or
					 paragraphs (14) and (15), excepting for paragraph (9), which should be
					 exclusively under the purview of the Commission. These procedures should be
					 developed in consultation with interested parties during consideration of any
					 tariff guided by this section and §
											69.191 (relating to general). The
					 Commission may expect establishment of a complaint procedure or other
					 recordkeeping requirements if warranted by subsequent facts or
					 circumstances.
(14) The LDC should
					 keep a chronological log of any complaints, excepting paragraph (9), regarding
					 discriminatory treatment of brokers. This chronological log should include the
					 date and nature of the complaint and the LDC's resolution of it. Any
					 chronological log should be open for public inspection during normal business
					 hours.
(15) Parties alleging
					 violations of these standards may pursue their allegations through the
					 Commission's established complaint procedures. A complainant bears the burden
					 of proof consistent with 66 Pa.C.S. (relating to Public Utility Code) in regard
					 to the allegations.
This section cited in 52 Pa. Code §
													69.191 (relating to
						  general).