BP Energy Requests Expedited FERC Action on Dominion Cove Point LNG Remand
BP Energy has filed a motion requesting that FERC expeditiously act on the U.S. Court of Appeals for the D.C. Circuit’s remand of BP Energy Co. v. FERC regarding capacity turn back on Dominion Cove Point LNG (DCP). According to BP Energy, the Court remanded the case to FERC for further explanation of why the 2012 agreement which permitted Statoil Natural Gas, LLC, to turn back certain capacity held on DCP’s system was not unduly discriminatory under Natural Gas Act (NGA) Section § 3(e)(4) as to BP Energy, which was not offered comparable capacity turn back rights. In response to FERC’s approval of the agreement, BP Energy argued that it was not sufficient for FERC to assert that discrimination between shippers taking service under NGA Section 3 and those taking service under NGA Section 7 is permitted solely due to the “regulatory differences” between Section 3 and Section 7. On remand, BP Energy requests that FERC grant BP Energy proportional capacity turn back rights on DCP to those granted by DCP to Statoil, effective as of January 1, 2017.