In National Fuel Gas Supply Corporation v. FERC, the U.S. Court of Appeals for the DC Circuit had vacated and remanded FERC Order No. 2004, which imposed standards of conduct on the relationship between natural gas pipeline transmission providers and their energy affiliates, including non-marketing affiliates. In response, on Thursday, FERC issued a request for comments on whether it should:

  • Eliminate the expansion of the standards of conduct rules (i.e., no undue preferences or discrimination or sharing of non-public information) covering the relationship between electric transmission providers and their energy affiliates;
  • Make permanent FERC's 1/9/07 interim rule, which eliminated the expansion of the standards of conduct rules to the relationship between natural gas pipelines and their energy affiliates;
  • Relax the standards of conduct for transmission planning employees and competitive solicitation employees within the context of promoting integrated resource planning and competitive solicitations.

Comments are due 45 days after publication of this Notice of Proposed Rulemaking in the Federal Register.