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Power & Pipes

FERC, CFTC, and State Energy Law Developments

On August 1, the Federal Energy Regulatory Commission (FERC or the Commission) issued a notice establishing the dates by which certain jurisdictional natural gas pipeline companies must file FERC Form No. 501-G, the “one-time” informational filing the Commission plans to review to ascertain whether the pipelines have, in light of the Tax Cuts and Jobs Act, accounted for reduced federal corporate income taxes in their cost-of-service rates (one-time report). The notice revises the submission dates in FERC Form No. 501-G’s Implementation Guide, which was released alongside FERC’s final rule in Order No. 849, the decision directing the natural gas companies to submit the one-time reports. The final rule is described in more detail in our previous LawFlash.

Under the revised Implementation Guide, natural gas pipeline companies that are required to FERC Form No. 2 or 2-A for calendar year 2017 are organized into three distinct groups. Group I must file FERC Form No. 501-G by October 11, 2018; Group II, by November 8, 2018; and Group III, by December 6, 2018. In its final rule, FERC explained that if a pipeline refuses to promptly submit the one-time report, or fails to correct a patently erroneous or incomplete one-time report, the Commission could consider the pipeline to be in violation of its reporting obligation under FERC’s rules and regulations, provided the Commission does not otherwise grant a waiver for good cause. FERC also emphasized that pipelines may file FERC Form No. 501-G earlier than these dates.

FERC is allowing interested parties to file interventions, protests, and comments in response to the submissions. Those filings will be due 12 days after each pipeline’s one-time report due date.