Ferc Asset Management Agreement

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Ferc Asset Management Agreement

On 15 October 2015, the Federal Energy Regulatory Commission (FERC or „Commission”) adopted a regulation specifying the extent to which natural gas facility management agreements (AMAs) were an exception to the Commission`s prohibition on purchase/sale. In response to a request from Rice Energy Marketing, LLC, the Commission clarified that the exemption from the prohibition on purchase/sale transactions for certain transactions with asset managers applies to both AMA`s „delivery” and amAs „delivery,” although the Commission has previously only referred to the exemption as part of AMA`s delivery. The year 1992 in Order No The Commission`s prohibition on buy/sell operations prohibits a holder of intergovernmental pipeline capacity from purchasing gas from a seller, to transport gas on an intergovernmental pipeline and then resell the gas to the vendor after leaving the pipeline – transactions that would allow a capacity holder to circumvent capacity release requirements by allowing another party to effectively use its pipeline capacity. While such sales are prohibited, the Commission granted in Order 712 „an exemption from the prohibition on purchase/sale for AMA that may benefit from the exemption from tenders and tenders, but only for the quantities of gas delivered to the liberating shipper.” The Commission found that it was acceptable for a gas buyer to use an asset manager to manage its pipeline capacity while maintaining direct responsibility to purchase gas, even if these purchases were to be sold to the asset manager who manages the pipeline`s capacity, which could be contrary to the purchase/sale prohibition. However, in Regulation 712, the Commission did not directly specify whether AAAs would not be exempt from the purchase/sale ban in a similar manner. In 2008, the Commission acknowledged that AMAs were bringing significant benefits to market participants and took steps to facilitate the increased use of AMA. In Regulation 712, the Commission found that AMMs will maximize the use and value of pipeline capacity by creating a mechanism for capacity holders to call on third-party experts to ensure their capacity.

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