| (7) A natural gas purchaser, transporter, or gatherer
shall not discontinue or deny service to a shipper or seller during
the pendency of an informal complaint proceeding in which both are
participants unless one of the following reasons applies for discontinuing
service:
(A) There is insufficient capacity on the respective
facility or facilities, provided, however, that the purchaser, transporter,
or gatherer provide any partial capacity that may be available from
time to time.
(B) The natural gas does not meet the quality specifications
of the purchaser, transporter, gatherer, or downstream processors,
pipelines, or customers. However, if the natural gas is flowing under
an agreement and, at the impending termination of that agreement,
there is sufficient capacity, and non-specification gas is being blended
for other shippers or sellers in the area, and the acceptance of such
volumes from the shipper or seller will not jeopardize downstream
market deliverability of the gas, then the purchaser, transporter,
or gatherer shall continue to take the gas until the conclusion of
the informal complaint process, charging blending fees applicable
to similarly situated shippers.
(C) Continuing to take the natural gas would:
(i) create a safety or environmental risk;
(ii) cause a violation of a safety or environmental
regulation or permit; or
(iii) interfere with necessary maintenance and repairs
of facilities.
(D) There is no existing contractual agreement in effect
on the date the complaint is filed at the Commission as to the price
to be paid or fees charged for the production during the pendency
of the informal complaint process, provided, however, that the production
will be taken if the complainant and respondent agree that the price
or fees will be determined at a later date.
(E) There is such good cause as the mediator may determine
in the particular case.
(8) Notwithstanding anything in paragraph (7) of this
subsection that may be construed to the contrary, that paragraph does
not change the rights of the parties that are participating in the
informal complaint proceeding that those parties have under state
law or any other regulation of the Commission.
(9) A transporter, gatherer, or purchaser shall not
discriminate against a shipper or seller because the shipper or seller
has, in good faith:
(A) filed an informal complaint at the Commission;
(B) filed a formal complaint at the Commission;
(C) instituted or caused to be instituted at the Commission
any enforcement proceeding against a purchaser, transporter, or gatherer
based on alleged violations of any rule or statute; or
(D) made inquiry to the Commission as to the facts
or circumstances surrounding operation of a purchaser's, transporter's,
or gatherer's system.
(10) The Commission may commence an enforcement action,
initiated by the director, for failure by the complainant or the respondent
to comply with all provisions of the informal complaint proceeding.
(e) Informal complaint process.
(1) An informal complaint proceeding is initiated by
filing a complaint with the Commission by:
(A) calling the Commission Helpline at (512) 463-7288
Commission staff will answer calls to the Helpline from 8:00 a.m.
to 5:00 p.m. on regular Commission business days. A voice mail system
will be in place to receive calls during non-business hours; or
(B) submitting a complaint in writing by:
(i) regular United States mail to the following address:
Director, Gas Services Division, P.O. Box 12967, Austin, Texas 78711-2967;
(ii) facsimile transmission (fax) to the following
number: (512) 463-7962; or
(iii) internet submission by accessing the online form
on the Gas Services page of the Commission's website.
(2) Each complaint shall include the following information:
(A) the name of the individual submitting the complaint;
(B) the complainant's name, mailing address, telephone
number, and, if applicable, e-mail address and fax number;
(C) the respondent's name, mailing address, telephone
number, and if applicable, e-mail address and fax number;
(D) a factual description of the events that are the
basis of the complaint, including the onset or duration of such events;
(E) a statement of the current status of negotiations
between the complainant and the respondent and a description of any
actions the complainant has taken to resolve the dispute;
(F) a statement of the relief sought by complainant;
and
(G) all supporting documentation, unless the complaint
is made by telephone, in which case the documentation shall be supplied
at a later time.
(3) The director shall assign a complaint to a monitor
who shall promptly contact the complainant to confirm receipt of the
complaint and to obtain any additional relevant and supporting documentation
pertaining to the complaint. The monitor shall advise the complainant
of its right to have the complaint mediated by a Commission employee
or by a non-Commission employee mediator. If the complainant has submitted
the complaint by telephone and wishes to pursue the matter, the monitor
shall direct the complainant to submit the complaint by e-mail, facsimile,
or letter, along with supporting documentation.
(4) After the monitor determines that the complainant
has provided all required information, the monitor shall notify the
respondent of the complaint by mailing to the respondent, via certified
mail, return receipt requested, a copy of the complaint and all supporting
documentation. This notification shall include notice to the respondent
of its right to have the matter heard by a non-Commission employee
mediator pursuant to the agreement of the complainant and the respondent.
(5) The respondent shall reply in writing to both the
monitor and the complainant within 14 calendar days from the date
of the monitor's notification letter. The respondent's reply shall
address the substance of the complaint and either propose a solution
or explain why the complaint is incorrect.
(6) The complainant and the respondent will be given
14 calendar days from the date of the respondent's reply to resolve
the complaint without the participation of a mediator.
(7) If the complainant and the respondent have not
reached an agreement, the monitor shall determine within seven days
after expiration of the period allowed for informal resolution in
paragraph (6) of this subsection whether either the complainant or
the respondent or both want the matter referred to a Commission or
non-Commission mediator and shall refer the matter back to the director.
(8) In the event the complainant and respondent agree
upon a non-Commission employee mediator, then the monitor shall notify
the agreed upon mediator. In the event the complainant and respondent
desire to use a non-Commission employee mediator and are unable to
agree upon the selection of a non-Commission employee mediator, each
party shall each submit the name of its preferred mediator and the
preferred mediators so designated shall choose a third mediator who
will preside over the process.
(9) In accordance with the procedure set forth in subsection
(d)(4) of this section, the director shall appoint a mediator within
seven days after receipt of the information in paragraph (7) of this
subsection.
(10) The mediator shall, within 14 calendar days after
the appointment provided in paragraph (8) of this subsection, review
all information received from the complainant and respondent. The
mediator may request additional information as the mediator deems
necessary. At any time during an informal complaint procedure, the
mediator may request and review documents or information the mediator
considers necessary in evaluating the complaint. The mediator shall
furnish the complainant and respondent with a written summary of all
relevant documents and information reviewed. The mediator's summary
shall not disclose confidential information.
(11) The monitor shall schedule a mediation meeting
with the complainant and respondent, which the mediator shall conduct,
to occur within 14 calendar days after the date of the mediator's
written summary. The monitor shall promptly notify the complainant
and respondent of the date, time and location of the meeting, which
may be conducted at the headquarters of the Commission in Austin,
Texas; in the Commission's offices in the district in which the complaint
arises; or at any other location by agreement of the participants.
(12) The complainant and respondent shall participate
in the mediation meeting and undertake in good faith to settle all
issues raised in the complaint. The complainant and respondent shall
make available during the mediation meeting, in person, representatives
who are empowered to make decisions on their behalf.
Cont'd... |
