{"operation":"document","citation":"4 CCR 723-4 Rule 4208","title":"Anticompetitive Conduct Prohibited","source_type":"regulation","agency":"Colorado Public Utilities Commission","status":"current","official":true,"published_on":null,"effective_on":null,"summary":"(a) A utility shall apply all transportation rates and policies without undue discrimination or preference to its affiliates. Each contract to transport gas for a marketing or brokering affiliate of a utility shall be an arm's-length agreement containing only terms which are available to other trans","machine_formats":{"json":"https://regulus.evalyn.ai/document/co-ccr-4-723-4-4208.json","markdown":"https://regulus.evalyn.ai/document/co-ccr-4-723-4-4208.md"},"app_url":"https://regulus.evalyn.ai/document/co-ccr-4-723-4-4208","source_url":"https://www.sos.state.co.us/CCR/DisplayRule.do?action=ruleinfo&ruleId=2260&deptID=18&agencyID=96&deptName=Department%20of%20Regulatory%20Agencies&agencyName=Public%20Utilities%20Commission&seriesNum=4%20CCR%20723-4","body":"(a) A utility shall apply all transportation rates and policies without undue\ndiscrimination or preference to its affiliates. Each contract to transport gas for a\nmarketing or brokering affiliate of a utility shall be an arm’s-length agreement\ncontaining only terms which are available to other transportation customers.\n(b) A utility is prohibited from engaging in anticompetitive conduct, discriminatory\nbehavior, and preferential treatment in transporting gas, including (without\nlimitation) the following:\n(I) disclosure to a marketing or brokering affiliate of confidential information\nprovided by nonaffiliated transportation customers;\n(II) disclosing to any transportation customer the utility's own confidential\ninformation unless the same information is communicated\ncontemporaneously to all current transportation customers;\n\n(III) disclosing to any transportation customer of information filed with a\ntransportation request unless the same information is communicated\ncontemporaneously to all current transportation customers;\n(IV) providing any false or misleading information, or failing to provide\ninformation, regarding the availability of capacity for transportation service;\n(V) tying an agreement to release gas to an agreement by the transportation\ncustomer to obtain services from a marketing or brokering affiliate of the\nutility or to an offer by the utility to provide or to expedite transportation\nservice to its affiliate for the released gas;\n(VI) providing any false or misleading information, or failing to provide\ninformation, about gas releases;\n(VII) failing to notify all affiliate brokers and marketers and all transportation\ncustomers of gas releases at the same time and in the same manner or\notherwise allowing marketing or brokering affiliates preferential access to\nreleased gas;\n(VIII) lending gas to a marketing or brokering affiliate to meet balancing\nrequirements except under terms available to other transportation\ncustomers;\n(IX) directing potential customers to the utility's own marketing or brokering\naffiliate, but the utility may provide a list of all registered gas marketers\nand brokers, including its affiliates;\n(X) charging lower rates to a transportation customer conditioned on the\npurchase of gas from the utility's marketing or brokering affiliate;\n(XI) conditioning the availability of transportation service upon the use of the\nutility's marketing or brokering affiliate;\n(XII) providing exchange or displacement services to one transportation\ncustomer without providing them to others on the same terms and\nconditions;\n(XIII) giving its marketing affiliate preference over nonaffiliated customers in\nmatters relating to transportation including, but not limited to, scheduling,\nbalancing, transportation, storage, or curtailment priority;\n(XIV) disclosing to its affiliate any information the utility received from a\nnonaffiliated transportation customer or potential nonaffiliated\ntransportation customer;\n\n(XV) failing contemporaneously to provide identical gas transportation sales or\nmarketing information it provides to a marketing affiliate to all potential\ntransportation customers, affiliated and nonaffiliated, on its system; and\n(XVI) failing to make available to all similarly-situated nonaffiliated transportation\ncustomers discounts which are comparable to those made to an affiliated\nmarketer.","truncated":false,"body_characters":3370}