| (a) Purpose. The purpose of this section is to specify standards
of conduct governing the provision of gas transportation services in order
to prevent discrimination prohibited by the Common Purchaser Act, Texas Natural
Resources Code, §111.081, et seq.; the Texas Utilities Code, Titles 3
and 4, which if violated, as found by the Commission, may constitute evidence
of unlawful discriminatory activity. Any exemptions provided in this rule
do not diminish statutory prohibitions against discrimination.
(b) Code of conduct. A transporter that provides transportation
services for any shipper (including affiliate shippers) shall:
(1) apply any tariff or contract provision for transportation
services which provides for discretion in the application of the provision
in a similar manner to similarly-situated shippers;
(2) enforce any tariff or contract provision for transportation
services if there is no discretion stated in the tariff or contract in the
application of the provision in a similar manner to similarly-situated shippers;
(3) not give any shipper preference in the provision of transportation
services over any other similarly-situated shippers;
(4) process requests for transportation services from any shipper
in a similar manner and within a similar period of time as it does for any
other similarly-situated shipper; and maintain its books of account in such
a fashion that transportation services provided to an affiliate can be identified
and segregated.
(c) Exemptions.
(1) The distribution and transportation activities services
performed by a local distribution company are exempt from this section.
(2) In the event that an entity transports only its own gas
through its own system, as designated by the transporter's current T-4 permit
on file with the Commission, then that system is exempt from this section.
(d) Other requirements. Any transporter subject to the provisions
of this section shall make available to the Commission its books and records
of transportation service for audit purposes. With at least ten working days
notice by the Commission, the transporter shall provide the Commission access
to records showing rates which the transporter is charging and any other contractual
conditions of transportation service. The transporter shall provide the Commission
access on a reasonable basis to information contained in the transporter's
records regarding any other relevant conditions of transportation service.
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