§ 62.141. Definitions.
The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
Affiliated NGS—(i) An NGS engaging in marketing activities related to natural gas supply services by the marketing division or marketing operation of an NGDC.
(ii) The term does not include a utility’s marketing department or division to the extent that it informs existing or prospective customers of the availability and price of the regulated sales service that utility furnishes in its role as supplier of last resort.
Commission—The Pennsylvania Public Utility Commission.
Favored customer—Any customer of an NGDC or its affiliated NGS which receives a benefit of economic value to retain that customer on the distribution system.
NGDC—Natural gas distribution company—A public utility or city natural gas distribution operation that provides natural gas distribution services and which may provide natural gas supply services and other services. For purposes of this standard of conduct, the term does not include:(i) A public utility subject to the jurisdiction of the Commission which has annual gas operating revenues of less than $6 million per year, except:
(A) When the public utility voluntarily petitions the Commission to be included within the definition of NGDC.
(B) When the public utility seeks to provide natural gas supply services to retail gas customers outside its service territory.
(ii) A natural gas public utility subject to the jurisdiction of the Commission that is not interconnected to an interstate gas pipeline by means of a direct or indirect connection through the distribution system of another natural gas public utility or through a natural gas gathering system.
NGS—Natural gas supplier—(i) An entity other than an NGDC, but including NGDC marketing affiliates without regard to structural relationship, which provides natural gas supply services to retail gas customers utilizing the jurisdictional facilities of an NGDC. The term includes:
(A) An NGDC that provides natural gas supply services outside its certificated service territories.
(B) A municipal corporation, its affiliates or any joint venture, to the extent that it chooses to provide natural gas supply services to retail customers located outside of its corporate or municipal limits, as applicable, other than:
(I) As provided prior to July 1, 1999, the effective date of 66 Pa.C.S. Chapter 22 (relating to natural gas competition), under a certificate of public convenience if required under this title.
(II) Total natural gas supply services in de minims amounts.
(III) Natural gas supply services requested by, or provided with the consent of, the public utility in whose certificated territory the services are provided.
(IV) Natural gas supply services provided to the municipal corporation itself or its tenants on land it owns or leases, or is subject to an agreement of sale or pending condemnation, as of September 1, 1999, to the extent permitted by applicable law independent of 66 Pa.C.S. Chapter 22.
(ii) The term excludes an entity to the extent that it provides free gas to end-users under the terms of an oil or gas lease. Notwithstanding any other provision of 66 Pa.C.S. (relating to the Public Utility Code), an NGS that is not an NGDC is not a public utility as defined in 66 Pa.C.S. § 102 (relating to definitions) to the extent that the NGS is utilizing the jurisdictional distribution facilities of an NGDC or is providing other services authorized by the Commission.
Cross References This section cited in 52 Pa. Code § 62.224 (relating to POR programs).
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