[Code of Federal Regulations]
[Title 18, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 18CFR281.204]

[Page 723-724]
 
           TITLE 18--CONSERVATION OF POWER AND WATER RESOURCES
 
  CHAPTER I--FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY
 
PART 281_NATURAL GAS CURTAILMENT UNDER THE NATURAL GAS POLICY ACT OF 
1978--Table of Contents
 
                  Subpart B_Permanent Curtailment Rule
 
Sec. 281.204  Tariff filing requirements.

    (a) General rule. Each interstate pipeline listed in Sec. 281.202 
shall file tariff sheets, including an index of entitlements, which 
provides that if the interstate pipeline is in curtailment, natural gas 
will be delivered in accordance with the provisions of this subpart. If 
the interstate pipeline has curtailment provisions in its currently 
effective tariff, the tariff sheets shall amend the existing curtailment 
provisions. If the interstate pipeline has no curtailment plan in its 
currently effective tariff, when it files tariff sheets to amend its 
currently effective tariff to include a curtailment plan such 
curtailment plan shall comply with the requirements of this subpart. The 
tariff sheets shall be filed no later than October 1, 1979, with a 
proposed effective date of November 1, 1979. The Data Verification 
Committee report prepared in accordance with Sec. 281.213 shall be 
filed with the tariff sheets.
    (b) Index of entitlements. (1) The index of entitlements for an 
interstate pipeline shall identify the natural gas entitlements in 
priority of service categories 1 and 2 (established in accordance with 
Sec. 281.205(a)) for each direct sale customer, each local distribution 
company customer and each interstate pipeline purchaser on a daily, 
monthly, seasonal or other periodic basis used in the currently 
effective curtailment plan.
    (2) Periodic update. Each interstate pipeline shall update its index 
of entitlements annualy to reflect changes in Priority 2 entitlements. 
The new index of requirements shall be filed on September 15 of each 
year with a proposed effective date of November 1, except that if the 
interstate pipeline uses a rolling base period in its currently 
effective curtailment plan it shall file its new index of entitlements 
on the date upon which other end-uses of the customers of the interstate 
pipeline are updated in accordance with the currently effective tariff.
    (3) Alternative fuel determination. The index of entitlements shall 
not include the volumes of natural gas for which volumes the essential 
agricultural user has the ability to use an alternative fuel, as 
determined under Subpart C of this part. Each interstate pipeline shall 
amend its index of entitlements pursuant to paragraph (b)(2) of this 
section to remove from the priority 2 entitlements and place in an 
appropriate priority of service category any such volumes or natural gas 
included in any index of entitlements that is effective on or after 
October 31, 1979.
    (c) Other tariff provisions. (1) Every tariff filed under this 
subpart shall contain provisions that will require the interstate 
pipeline:
    (i) To provide for deliveries of sufficient volumes of natural gas 
to respond to emergency situations (including environmental emergencies) 
during periods of curtailment where additional supplies are required to 
forestall irreparable injury to life or to property; and
    (ii) To provide for deliveries of sufficient volumes of natural gas 
to provide for minimum plant protection when the plant is shut down.
    (2) Volumetric delivery requirements. Notwithstanding any other 
provisions of this subpart, an interstate pipeline which is delivering 
natural gas in accordance with this subpart shall not be required to 
deliver to any customer volumes of natural gas on a daily, monthly, 
seasonal or other periodic basis which exceed the volumes of natural gas 
that the interstate pipeline may deliver to such customer without 
causing the interstate pipeline to violate any daily, monthly, seasonal 
or other periodic volumetric limitations

[[Page 724]]

established in the contract between the interstate pipeline and such 
customer.

(Natural Gas Policy Act of 1978, 15 U.S.C. 3301-3432; Department of 
Energy Organization Act, 42 U.S.C. 7101-7352; E.O. 12009, 42 FR 46267; 
Administrative Procedure Act, 5 U.S.C. 551 et seq.)

[44 FR 26862, May 8, 1979, as amended at 44 FR 45923, Aug. 6, 1979; 44 
FR 62490, Oct. 31, 1979; Order 55-B, 45 FR 54739, July 18, 1980; Order 
145, 46 FR 27913, May 22, 1981]