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PENDING FERC ISSUES RELATING TO THE ALASKA NATURAL GAS TRANSPORTATION PROJECT

PENDING FERC ISSUES RELATING TO THE ALASKA NATURAL GAS TRANSPORTATION PROJECT. Presentation by Karol Lyn Newman Morgan, Lewis & Bockius, LLP November 30, 2006. REGULATORY OVERVIEW. Federal Statutes Natural Gas Act Alaska Natural Gas Pipeline Act

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PENDING FERC ISSUES RELATING TO THE ALASKA NATURAL GAS TRANSPORTATION PROJECT

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  1. PENDING FERC ISSUES RELATING TO THE ALASKA NATURAL GAS TRANSPORTATION PROJECT Presentation by Karol Lyn Newman Morgan, Lewis & Bockius, LLP November 30, 2006

  2. REGULATORY OVERVIEW • Federal Statutes • Natural Gas Act • Alaska Natural Gas Pipeline Act • Alaska Natural Gas Transportation Act of 1976 • Federal Regulations • 18 C.F.R. Part 157 • Subpart A – General Requirements • Subpart B – Open Season for Alaska Natural Gas Transportation Projects

  3. PURPOSE OF THE OPEN SEASON REGULATIONS – FURTHERANCE OF DUAL STATUTORY GOAL • Expediting the processing of an application for a certificate of public convenience and necessity; • Promoting competition in the exploration, development, and production of Alaska natural gas.

  4. FERC ORDER NOS. 2005 AND 2005-AREGULATIONS GOVERNING OPEN SEASONS FOR ALASKA NATURAL GAS TRANSPORTATION PROJECTS • Open Season for capacity required before an application may be filed; • Open Season must be conducted in accordance with FERC regulations under 18 C.F.R. Part 157, Subpart B; • Failure to comply with the Open Season regulations will result in rejection of the application.

  5. MOST SIGNIFICANT ASPECTS OF THE OPEN SEASON REGULATIONS • Initial Capacity may be pre-subscribed – but : • Capacity must be offered on the same terms to all prospective bidders in the open season • All pre-subscription agreements must be made public by posting on Internet Websites and press releases within 10 days of execution • Public Notice containing extensive and detailed information about the project including: • Size and design capacity • Possible designs for expansion • Estimated dates for expansion • In-service date • Rates (interstate and in-state) • Estimated cost-of-service • Negotiated rate options

  6. OPEN SEASON REGULATIONS (CONTINUED) • Terms and conditions for each service • Methodology for valuing bids • Methodology for awarding capacity • Projected filing date • All information in the applicant’s possession pertaining to the proposed service, capacity, design, tariff provisions and cost projections • All information made available to or obtained from any potential shipper prior to the public notice of the open season • Organizational structure of applicant’s parent corporations • Identification of all Energy Affiliates and affiliated sales and marketing units • Statement that officers and directors of the applicant's affiliated sales and marketing units and Energy Affiliates involved in the production of gas in Alaska will be prohibited from obtaining any information about the conduct of the open season that is not posted or otherwise made available to the public and other open season participants

  7. OPEN SEASON REGULATIONS (CONTINUED) • Pre-Open Season Approval Process • 90 days before the Public Notice of the Open Season applicant must file a detailed plan for conducting the open season including all the information that must be in the Public Notice. • Notice and Comment • Commission decision within 60 days. • Duration of Open Season – At least 90 days • Bids tendered after the close of the open season must be considered and may not be rejected unless they cannot be accommodated due to: • Engineering; • Design; • Capacity; • Operational constraints; • Adversely affect the timely development of the project.

  8. OTHER IMPORTANT ASPECTS OF ORDER NOS. 2005 AND 2005-A • Rebuttable presumption of rolled-in rates for expansions • FERC to consider the extent to which proposed project has been designed to accommodate all conforming bids and low-cost expansion in the certificate review process • FERC to require changes in project design where necessary to promote competition and offer a reasonable opportunity for access to the project • For any expansions, the open season must provide the opportunity for the transportation of natural gas other than from Prudhoe Bay and Point Thompson

  9. THE COURT APPEAL • One Issue – Statutory Authority of FERC to require design changes where necessary to promote competition and offer a reasonable opportunity for access to the project • Argument Scheduled for December 5

  10. EXAMPLES OF OTHER REGULATIONS THAT FERC MIGHT WANT TO CONSIDER • Regulations to carry out ANGPA Section 105 – Mandatory Expansion of An Alaska Natural Gas Transportation Project • NOPR to address the applicability of lower 48 policies and rules on capacity release, blanket certificates, affiliate, and preferential rate treatment for foundation shippers

  11. FERC’S STATUTORY AUTHORITY TO ISSUE REGULATIONS • NGA, Section 16 • ANGPA, Section 103 • ANGPA, Section 105

  12. WHEN SHOULD FERC BEGIN THE PROCESS OF DEVELOPING NEW RULES? • As soon as possible • Why? • Expedited processing of certificates; • Federal Coordinator; • Efficient and cost effective; • Expedite and facilitate approval process.

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