PERC Allows Kern River to Withdraw Tariff Change on Material Deviations; Reaffirms That Reservation Charge Credits, Except for Individually Negotiated Contracts, Are Mandatory

摘要

FERC on 8/6/10 granted in part, and denied in part, a request for rehearing by Kem River Gas Transmission Co. (RP10-160) and granted clarification of a December 2009 order conditionally accepting certain tariff changes, subject to conditions. Kern River had originally filed in November 2009 to revise the general terms and conditions of its tariff to address cases where FERC decides that a contract provision is an impermissible material deviation. Although there was nothing in the November 2009 filing about reservation charge credits, the latest order also addressed that issue on the grounds that consideration is not limited to a general rate case, as claimed by Kern River.