# Anticompetitive Conduct Prohibited

- **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:** Not available
- **effective on:** Not available
- **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
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 transportation customers.
(b) A utility is prohibited from engaging in anticompetitive conduct, discriminatory
behavior, and preferential treatment in transporting gas, including (without
limitation) the following:
(I) disclosure to a marketing or brokering affiliate of confidential information
provided by nonaffiliated transportation customers;
(II) disclosing to any transportation customer the utility's own confidential
information unless the same information is communicated
contemporaneously to all current transportation customers;

(III) disclosing to any transportation customer of information filed with a
transportation request unless the same information is communicated
contemporaneously to all current transportation customers;
(IV) providing any false or misleading information, or failing to provide
information, regarding the availability of capacity for transportation service;
(V) tying an agreement to release gas to an agreement by the transportation
customer to obtain services from a marketing or brokering affiliate of the
utility or to an offer by the utility to provide or to expedite transportation
service to its affiliate for the released gas;
(VI) providing any false or misleading information, or failing to provide
information, about gas releases;
(VII) failing to notify all affiliate brokers and marketers and all transportation
customers of gas releases at the same time and in the same manner or
otherwise allowing marketing or brokering affiliates preferential access to
released gas;
(VIII) lending gas to a marketing or brokering affiliate to meet balancing
requirements except under terms available to other transportation
customers;
(IX) directing potential customers to the utility's own marketing or brokering
affiliate, but the utility may provide a list of all registered gas marketers
and brokers, including its affiliates;
(X) charging lower rates to a transportation customer conditioned on the
purchase of gas from the utility's marketing or brokering affiliate;
(XI) conditioning the availability of transportation service upon the use of the
utility's marketing or brokering affiliate;
(XII) providing exchange or displacement services to one transportation
customer without providing them to others on the same terms and
conditions;
(XIII) giving its marketing affiliate preference over nonaffiliated customers in
matters relating to transportation including, but not limited to, scheduling,
balancing, transportation, storage, or curtailment priority;
(XIV) disclosing to its affiliate any information the utility received from a
nonaffiliated transportation customer or potential nonaffiliated
transportation customer;

(XV) failing contemporaneously to provide identical gas transportation sales or
marketing information it provides to a marketing affiliate to all potential
transportation customers, affiliated and nonaffiliated, on its system; and
(XVI) failing to make available to all similarly-situated nonaffiliated transportation
customers discounts which are comparable to those made to an affiliated
marketer.
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