| (a) This section implements the authority of the Commission
pursuant to Texas Natural Resources Code, §81.061.
(b) Terms used in this section shall have the same
meaning as in §2.1 of this title (relating to Informal Complaint
Procedure); §2.5 of this title (relating to Informal Complaint
Process Regarding Loss of or Inability to Account for Gas); and §7.115
of this title (relating to Definitions).
(c) Except for rates established under Texas Utilities
Code, Chapter 103, or Texas Utilities Code, Chapter 104, Subchapters
C or G, the Commission may use a cost-of-service method or a market-based
rate method in setting a rate in a formal rate proceeding.
(d) On the filing of a complaint by a shipper or seller
of natural gas, the Commission may set a transportation or gathering
rate in a formal rate proceeding if the Commission determines that
the rate is necessary to remedy unreasonable discrimination in the
provision of transportation or gathering services. The Commission
may set a rate regardless of whether the transporter or gatherer is
classified as a utility by other law.
(e) The Commission may use a cost-of-service method
or a market-based method in setting a rate pursuant to this section
in a formal rate proceeding conducted after notice and an opportunity
for hearing pursuant to Chapter 1 of this title (relating to Practice
and Procedure).
(f) In determining whether to use a cost-of-service
method or a market-based method to set rates for transportation or
gathering service, the Commission will consider all relevant factors
in a formal rate proceeding.
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