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WBS Schedule Pro download or register WBS Chart Pro full version for free.Dear David,
When it comes to the relationship between the state and the
regulator, it seems we agree that the regulatory agencies
should only act as advisors to the state, not "supersede" or
"replace" the state. This view is in stark contrast to the
attitude expressed by the Commission in the Order on Rehearing
and Decision in Docket No. U-1947 (1/14/95), issued after its
initial decision in this proceeding, which is set forth in
Appendix A to this message.
In the original decision, the Commission stated:
"One of our primary duties is to protect the public. The
Commission, in exercising its authority, does not act
independently of the public interest. Therefore, we may
order relief in a proceeding that is consistent with
our policy objectives and the public interest without
conforming to all statutory requirements."
In the order on rehearing and decision, the Commission
stated:
"The Commission is charged with the responsibility for
ensuring that the pipeline infrastructure being
constructed is safe and secure and meets minimum
standard operational requirements. FERC has an
obligation to allow the state agencies to pursue
affordable solutions to resolve shortfalls in capacity
of the pipeline that affect the public. FERC must
then exercise its authority to ensure that the
affected parties comply with those agreements and
act accordingly."
Your letter to us states that in this proceeding, you
seek clarification of the Commission's responsibilities
under section 311 of the Natural Gas Act. The relevant
provisions of section 311 are as follows:
"Whenever the Commission, after a hearing had upon its own
motion, or upon complaint of any State commission, State
public utility, or State water quality agency, shall find
that any rate, charge, or classification demanded,
or observed in connection with any transportation or sale
of natural gas, subject to the jurisdiction of the
Commission, or that any rule, regulation, practice, or
contract affecting such rate, charge, or classification is
unjust, unreasonable, unduly discriminatory, or
preferential, the Commission shall determine the just,
reasonable, and be359ba680
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