Municipal in Florida Seeks Assurance That Self-Regulated Municipals Qualify for Exemptions from Prohibition Against Tying and Bidding Requirements Imposed on Interstate Capacity Releases

摘要

Lake Apopka Natural Gas District requested a clarification, or in the alternative, reconsideration of Order No. 712 (RM08-1), the Final Rule issued FERC on 6/19/08 for the purpose of promoting a more efficient gas capacity release market. Lake Apopka is concerned that the text used to establish exemptions for state open access programs in Order 712 is not precise enough to include within its scope retail access programs sponsored by self-regulated municipal entities such as Lake Apopka. The District is an independent special district of the State of Florida created by a special act of the Florida Legislature and authorized to provide natural gas transmission and distribution service for its member municipalities of Apopka, Winter Garden and Clermont, and other users of natural gas in the district, including other municipalities to which it may sell natural gas. Lake Apopka is a firm shipper on the Florida Gas Transmission Co. (FGT) system and takes service under several long-term service agreements. Lake Apopka's rates and services are not subject to regulation by the Florida Public Service Commission.