291 Neb. Admin. Code, ch. 9, § 019

Current through June 17, 2024
Section 291-9-019 - AFFILIATES
019.01 Scope

The following rules must apply to affiliates that sell natural gas purchased from a producer or other seller. A division of a jurisdictional utility that operates as a functional unit within the jurisdictional utility shall also be treated as an affiliate for purposes of the Natural Gas and Pipeline Rules and Regulations. This section does not apply to affiliates conducting non-regulated private enterprise business activity or shared resources affiliates.

019.02 Affiliate Rules

All affiliates must comply with the following

019.02A The affiliate must either employ separate personnel and not share any personnel with the utility or allocate shared employee time between the utility and the affiliate.
019.02B The affiliate's and jurisdictional utilities' employee incentives must not create a conflict of interest.
019.02C The affiliate must own or lease its own office space that is reasonably separate from the utility. Such office . space cannot be acquired from the utility except at market-based rates.
019.02D If the affiliate seeks to provide service over the system of the jurisdictional utility with which it is affiliated, the jurisdictional utility must have adopted a code of conduct approved by the Commission.
019.02E The affiliate must purchase its own ancillary services related to the delivery of natural gas including, but not limited to, natural gas commodity, pipeline transportation, and pipeline storage. Such assets must not be acquired from the utility except at market based rates. An affiliate must not secure transportation, storage, or commodity from the utility on a prearranged, non-posted basis except as otherwise provided in a nondiscriminatory fashion.
019.02F The affiliate must receive no unduly preferential treatment through a tariff provision or otherwise from the utility.
019.02G The affiliate must receive no jurisdictional services from the utility except those that are available per the utility's tariff.
019.02H The affiliate must be responsible for its own bad debt and the collection of such debts.
019.02I The affiliate must not represent itself as the utility.
019.02J The affiliate must keep separate records from that of the utility.

291 Neb. Admin. Code, ch. 9, § 019