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- Title
UNFINISHED BUSINESS: FERC'S EVOLVING STANDARD FOR CAPACITY RIGHTS ON OIL PIPELINES.
- Authors
Barr, Christopher J.
- Abstract
Over the past six years, the FERC has gradually fashioned a policy addressing a key issue in regulating oil pipelines: how to apply the 124-year old Interstate Commerce Act and its "common carrier" obligations, in a modern commercial context in which both pipelines and shippers need certainty of access for future pipeline capacity. In a series of orders, the Commission has tried to balance the clear need for assured use of capacity for parties making long-term payment commitments against the statutory admonition that pipelines are common carriers that must provide transportation upon reasonable request. The current policy still presents several significant problems for pipelines and shippers, including apparent limits on prices, scope of contract capacity and its application to new capacity. This article briefly reviews the statutory and case law scope of common carriage under the Interstate Commerce Act and concerning relevant industries, as well as the development of the FERC's current approach, and suggests that the FERC has ample legal and policy basis for further refinement to the policy.
- Subjects
UNITED States; UNITED States. Federal Energy Regulatory Commission; CARRIERS; OBLIGATIONS (Law); PETROLEUM law &; legislation; PETROLEUM pipelines; ADMONITION
- Publication
Energy Law Journal, 2011, Vol 32, Issue 2, p563
- ISSN
0270-9163
- Publication type
Article