Questar Pipeline Tests FERC's Contract Policy on Impermissible Material Deviations and Non-Conforming Tariff Provisions

摘要

Questar Pipeline Co. (RP10-488) sought rehearing of a 4/9/10 order issued by FERC that Questar says confuses the issue of what an impermissible material deviation is and what would require Questar either to change a contract or revise its tariff. Questar is unconvinced that a term in its Transportation Service Agreement (TSA No. 2854) with a shipper needed to be filed as a non-conforming agreement. The pipeline wonders if it did not need to be filed because that term was consistent with the pro forma agreement's providing blanks for term and volume. The pipeline further wonders whether TSA No. 2854 contained a material deviation pertaining to term and volume that rendered it an impermissible non-conforming agreement despite Commission precedent permitting such agreements (e.g., Ruby Pipeline Co., 2009; Wyoming Interstate Co. LLC, 2007).