Waivers

Call it an example of Goliath giving David a helping hand.

FERC on Monday approved a joint request for temporary waivers of certain agency regulations to facilitate the $3.75 billion sale of Apache Corp. Gulf of Mexico assets to Fieldwood Energy LLC.

ProLiance Energy LLC has petitioned FERC to expand the scope of the capacity-release waivers that the agency approved in mid-June so that it can “complete its exit of the natural gas marketing business in a prompt and orderly manner.”

The Federal Energy Regulatory Commission approved the requests of Wyoming Interstate Co. (WIC) Questar Overthrust Pipeline and Rockies Express Pipeline (REX) for temporary waivers of capacity-release regulations, clearing the way for the permanent release of off-system capacity held on WIC’s pipeline to certain shippers. The capacity-release transactions are a one-time basis only and have to be done within 90 days. WIC currently holds 200,000 Dth/d of off-system capacity on REX and has three transportation agreements for capacity on Questar Overthrust to provide shippers on its system seamless transportation service. A breakdown of the agreements held by WIC on Overthrust includes 365,000 Dth/d through 2017; 190,00 Dth/d from November 2018 to September 2020; and two contracts for 120,000 Dth/d and 40,000 Dth/d, both of which run through 2020, according to Overthrust’s waiver request. WIC is proposing to release permanently all or a portion of the reserve capacity that it holds on Overthrust. With respect to the capacity on Overthrust, WIC told FERC it has encountered unexpected nominations and scheduling issues that have affected the quality and reliability of service received by WIC shippers. After “actively collaborating” to resolve the issues, “WIC states both pipelines [it and Overthrust] have agreed that the ideal solution is to permanently release WIC’s Overthrust capacity to the respective shippers on whose behalf WIC acquired the off-system capacity.” Three shippers have expressed an interest in a permanent release of the Overthrust capacity: Occidental Energy Marketing Inc., Marathon Oil Co. and WPX Energy Inc, according to WIC [RP12-1018].”Two of these shippers, Occidental and Marathon, also rely on REX off-system capacity, which WIC acquired on their behalf.

The Commodity Futures Trading Commission (CFTC) Tuesday issued a policy statement basically reaffirming its process for individually issuing jurisdictional waivers or “no-action letters” for exchanges located in other countries and subject to regulation in those countries and which allow access to their electronic trading systems in the U.S. The statement essentially supports the position of the IntercontinentalExchange (ICE) over that of the New York Mercantile Exchange (Nymex), and adds some strictures on information sharing with and among regulators.

Two Midwest natural gas pipelines — Kinder Morgan Interstate Gas Transmission LLC and Northern Natural Gas — have called on FERC to grant them “temporary waivers” of the agency’s existing blanket-certificate rules to carry out the timely construction of mainline pipe expansions to serve ethanol plants and other renewable fuel facilities.

Two Midwest natural gas pipelines — Kinder Morgan Interstate Gas Transmission LLC and Northern Natural Gas — have called on FERC to grant them “temporary waivers” of the agency’s existing blanket-certificate rules to carry out the timely construction of mainline pipe expansions to serve ethanol plants and other renewable fuel facilities.

The Department of Transportation (DOT) has granted waivers to three proposed or relatively new interstate natural gas pipelines that would allow them to operate at a higher maximum allowable operating pressure (MAOP) in low-density areas along their routes — a move that would clear the way for more gas to flow through the systems.

Commonwealth Edison Co. has requested waivers and authorizations from FERC to allow a number of its industrial and commercial customers with on-site generation to sell excess power to the utility during summer peak demand periods without first obtaining Commission approval.