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§284.505. Market-based rates for storage providers without a market-power determination.

18 C.F.R. § 284.505

(a)
Any storage service provider seeking market-based rates for storage capacity, pursuant to the authority of section 4(f) of the Natural Gas Act, related to a specific facility put into service after August 8, 2005, may apply for market-based rates by complying with the following requirements:
(1)
The storage service provider must demonstrate that market-based rates are in the public interest and necessary to encourage the construction of the storage capacity in the area needing storage services; and
(2)
The storage service provider must provide a means of protecting customers from the potential exercise of market power.
(b)
Any storage service provider seeking market-based rates for storage capacity pursuant to this section will be presumed by the Commission to have market power.
Notes, amendments, and revision history

Source

Source: Order 678, 71 FR 36636, July 27, 2006, unless otherwise noted.

Authority

Authority: 15 U.S.C. 717-717z, 3301-3432; 42 U.S.C. 7101-7352; 43 U.S.C. 1331-1356.

Source

Source: Order 46, 44 FR 52184, Sept. 7, 1979, unless otherwise noted.