SUBCHAPTER I—OTHER REGULATIONS UNDER THE NATURAL GAS POLICY ACT OF 1978 AND RELATED AUTHORITIES

PART 280—GENERAL PROVISIONS 281.303 Definitions. 281.304 Computation of alternative fuel vol- APPLICABLE TO SUBCHAPTER I ume. 281.305 General rule. AUTHORITY: Natural Gas Policy Act of 1978, APPENDIX A TO PART 281—COMPARISON OF SE- Pub. L. 95–621; 92 Stat. 3350, 15 U.S.C. 3301– LECTED FUEL PRICE DATA, FPC FORM NO. 3432; Outer Continental Shelf Lands Act 423 VERSUS MONTHLY ENERGY REVIEW, Amendment of 1978, Pub. L. 95–372, 43 U.S.C. 1976—JANUARY 1980 1862. AUTHORITY: 15 U.S.C. 717–717w, 3301–3432; 16 U.S.C. 2601–2645; 42 U.S.C. 7101–7352. § 280.101 Definitions. SOURCE: Order 10–B, 44 FR 13470, Mar. 12, (a) NGPA definitions. Terms defined in 1979, unless otherwise noted. the NGPA shall have the same meaning for purposes of this subchapter as they Subpart A Reserved have under the NGPA, unless further [ ] defined in this subpart. (b) Other definitions. For purposes of Subpart B—Permanent this subchapter: Curtailment Rule (1) NGPA means the Natural Gas Pol- icy Act of 1978. § 281.201 Purpose. (2) OCS means the Outer Continental The purpose of this subpart is to im- Shelf as defined in section 2(35) of the plement section 401 of the NGPA in NGPA. order to provide that effective Novem- ber 1, 1979, the curtailment plans of [44 FR 12409, Mar. 7, 1979, as amended by Order 92, 45 FR 49252, July 24, 1980] interstate pipelines protect, to the maximum extent practicable, deliv- eries of natural gas for essential agri- PART 281—NATURAL GAS CURTAIL- cultural uses and for high-priority uses MENT UNDER THE NATURAL GAS in accordance with the provisions of POLICY ACT OF 1978 this subpart.

Subpart A [Reserved] [44 FR 26862, May 8, 1979] Subpart B—Permanent Curtailment Rule § 281.202 Applicability. This subpart applies to the following Sec. interstate pipe lines: 281.201 Purpose. 281.202 Applicability. -Tennessee Pipeline Company. 281.203 Definitions and cross references. Algonquin Gas Transmission Company. 281.204 Tariff filing requirements. Arkansas Natural Gas Company. 281.205 General rules. Cities Service Gas Company. 281.206 Priority 1 reclassification. Colorado Interstate Gas Company. 281.207 Priority 2 classification. Columbia Gas Transmission Corporation. 281.208 Calculation of essential agricultural Consolidated Gas Supply Corporation. requirements and attributable priority 2 East Tennessee Natural Gas Company. entitlements. Eastern Shore Natural Gas Company. 281.209 Attribution. El Paso Natural Gas Company. 281.210 Conflicting data. Gas Transmission Company. 281.211 Filing and documentation. Great Lakes Gas Transmission Company. 281.212 Draft tariff and index of entitle- Inter-City Minnesota Pipelines, Ltd., Inc. ments. Kansas-Nebraska Natural Gas Company, Inc. 281.213 Data Verification Committee. Lawrenceburg Gas Transmission Company. 281.214 Notice, complaint and remedy. Michigan-Wisconsin Pipeline Company. 281.215 Additional relief. Mid-Louisiana Gas Company. Midwestern Gas Transmission Company. Subpart C—Alternative Fuel Determination River Transmission Company. Montana Dakota Utilities Company. 281.301 Purpose. National Fuel Gas Supply Company. 281.302 Applicability. North Penn Gas Company.

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Northern Natural Gas Company. tribution company which is served di- Northwest Pipeline Corporation. rectly by the interstate pipeline. Panhandle Eastern Pipeline Company. (8) Residence means a dwelling using South Georgia Natural Gas Company. Southern Natural Gas Company. natural gas predominantly for residen- Southwest Gas Corporation. tial purposes such as space heating, air Tennessee Gas Pipeline Company, a Division conditioning, hot water heating, cook- of Tenneco, Inc. ing, clothes drying, and other residen- Tennessee Natural Gas Lines. tial uses and includes apartment build- Eastern Transmission Corporation. ings and other multi-unit buildings. Texas Gas Transmission Corporation. (9) Small commercial establishment The Inland Gas Company. Transwestern Pipeline Company. means any establishment (including in- Trunkline Gas Company. stitutions and local, state and Federal United Gas Pipe Line Company. Government agencies) engaged pri- Western Gas Interstate Company. marily in the sale of goods or services [44 FR 26862, May 8, 1979, as amended at 44 where natural gas is used: FR 48184, Aug. 17, 1979] (i) In amounts of less than 50 Mcf on a peak day; and § 281.203 Definitions and cross ref- (ii) For purposes other than those in- erences. volving manufacturing or electric (a) Definitions. For purposes of this power generation. subpart: (10) Hospital means a facility, the pri- (1) Direct sale customer means an es- mary function of which is delivering sential agricultural user of high pri- medical care to patients who remain at ority use which purchases natural gas the facility including nursing and con- directly from an interstate pipeline valescent homes. Outpatient clinics or and consumes such natural gas for a doctors’ offices are not included in this high-priority use or an essential agri- definition. cultural use. (11) School means a facility, the pri- (2) Essential agricultural use means mary function of which is to deliver in- any use of natural gas which is cer- struction to regularly enrolled stu- tified by the Secretary of Agriculture dents in attendance at such facility. as an ‘‘essential agricultural use’’ Facilities used for both educational under section 401(c) of the NGPA, as and noneducational activities are not identified in 7 CFR part 2900, et seq. included under this definition unless (3) Essential agricultural user means a the latter activities are merely inci- person who uses natural gas for an es- dental to the delivery of instruction. sential agricultural use. (12) Local distribution company means (4) High-priority use means any use of a local distribution company served di- natural gas which qualifies the user as rectly by an interstate pipeline. a high-priority user. (13) Rolling base period means a time (5) High-priority user means any per- period in which entitlements of the son who uses natural gas: customers of an interstate pipeline are (i) In a residence; established pursuant to the pipeline’s (ii) In a small commercial establish- currently effective curtailment plan ment; and which is periodically updated to re- (iii) In a school or a hospital; or flect recent gas requirements of such (iv) For police protection, for fire customers. protection, in a sanitation facility or a (14) Entitlements of a direct sale cus- correctional facility. tomer or a local distribution company (6) End-use curtailment plan means a customer with respect to a particular provision in the tariff of an interstate interstate pipeline means the amount pipeline that requires that under cir- of natural gas that customer is per- cumstances of supply shortage natural mitted to receive under the interstate gas deliveries will be curtailed based at pipeline’s currently effective curtail- least in part upon factors which con- ment plan. sider the end-use of the natural gas. (15) Interstate pipeline purchaser (7) Indirect sale customer of an inter- means an interstate pipeline which re- state pipeline means an essential agri- ceived deliveries of natural gas from cultural end-user served by a local dis- another interstate pipeline.

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