[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: 18CFR284.262]

[Page 751-752]
 
           TITLE 18--CONSERVATION OF POWER AND WATER RESOURCES
 
  CHAPTER I--FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY
 
PART 284_CERTAIN SALES AND TRANSPORTATION OF NATURAL GAS UNDER THE 
NATURAL GAS POLICY ACT OF 1978 AND RELATED AUTHORITIES--Table of Contents
 
   Subpart I_Emergency Natural Gas Sale, Transportation, and Exchange 
                              Transactions
 
Sec. 284.262  Definitions.

    For purposes of this subpart:
    Emergency means:
    (1) Any situation in which an actual or expected shortage of gas 
supply or capacity would require an interstate pipeline company, 
intrastate pipeline, local distribution company, or Hinshaw pipeline to 
curtail deliveries of gas or provide less than the projected level of 
service to any pipeline customer, including any situation in which 
additional supplies or capacity are necessary to ensure a pipeline's 
contracted level of service to any customer, but not including any 
situation in which additional supplies or capacity are needed to 
increase the contracted level of service to an existing customer or to 
provide service to a new customer; or
    (2) A sudden unanticipated loss of natural gas supply or capacity; 
or
    (3) An anticipated loss of natural gas supply or capacity due to a 
foreseeable facility outage resulting from a landslide or riverbed 
erosion or other natural forces beyond the participant's control. 
Participants may seek a temporary certificate under Sec. Sec. 157.17 of 
this chapter if the facilities to remedy the emergency cannot be 
constructed automatically under Sec. 2.55(b) or Sec. 157.208(a) of 
this chapter.
    (4) A situation in which the participant, in good faith, determines 
that immediate action is required or is reasonably anticipated to be 
required for protection of life or health or for maintenance of physical 
property.
    Emergency does not mean any situation resulting from a failure by 
any person to transport natural gas under subpart B, C, or G of this 
part.
    Projected level of service means the level of gas volumes to be 
delivered by the company for each customer and additional gas volumes 
needed by a customer due solely to a weather-induced increase in 
requirements.
    Emergency natural gas means natural gas sold, transported, or 
exchanged in an emergency natural gas transaction.
    Emergency natural gas transaction means the sale, transportation, or 
exchange of natural gas (including the construction and operation of 
necessary facilities) conducted pursuant to this subpart, that is:
    (1) Necessary to alleviate an emergency; and
    (2) Not anticipated to extend for more than 60 days in duration.
    Emergency facilities means any facilities necessary to alleviate the 
emergency within the time frame established in Sec. 284.264(b). 
Participants can seek permanent authority to operate the emergency 
facilities either under the temporary certificate provisions of Sec. 
157.17 of this chapter or the prior notice provisions of Sec. 
157.208(b) of this chapter.
    Participant means any first seller, interstate pipeline, intrastate 
pipeline, local distribution company or Hinshaw pipeline that 
participates in an emergency natural gas transaction under this subpart.
    Recipient means:

[[Page 752]]

    (1) In the case of a sale of emergency natural gas, the purchaser of 
such gas; or
    (2) In the case of a transportation or exchange of natural gas when 
there is no sale of emergency natural gas under this subpart, the 
participant who receives the gas.
    Hinshaw pipeline means a pipeline that is exempt from the Natural 
Gas Act jurisdiction of the Commission by reason of section 1(c) of the 
Natural Gas Act.

[Order 603, 64 FR 26610, May 14, 1999]