BAY GAS STORAGE AND FLORIDA GAS ARE LOCKED IN REGULATORY AND LEGAL DISPUTE OVER WHETHER LOST GAS CHARGES SHOULD ACCRUE TO FGT UNDER A NEGOTIATED CONTRACT

摘要

Bay Gas Storage Co.(PR09-13,PR08-17)requested FERC to dispose of the"core controversy"between Florida Gas Transmission(FGT)and itself by confirming that prior orders bound FGT-just as other transportation customers were bound-to the Lost and Unaccounted for Gas(LAUF)mechanism.At the same time,Bay Gas urged the Commission to refer subsidiary issues such as any lingering questions about the level of LAUF to a settlement judge.The dispute,Bay Gas conceded,raises questions about the Commission s exercise of jurisdiction over Natural Gas Policy Act(NGPA)transportation contracts,the application of rules governing comments on settlements,the meaning of a Commission-approved settlement,and the finality of Commission orders that have not been brought to a United States Court of Appeals for judicial review.Bay Gas further argued that it would be unduly discriminatory for FGT to be exempt from the Commission-approved LAUF charge