Corinne B. Grace v. El Paso Natural Gas Company

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Corinne B. Grace v. El Paso Natural Gas Company was the hearing for the legal proceedings before the Federal Energy Regulatory Commission (FERC) which consisted of a hearing and a later rehearing, between 1989 and 1990. The issue was based on FERC Order 490, [1] which the commission had created for the issue of abandonment of certain natural gas sales and purchases under the authority of Natural Gas Act of 1938 (NGA). El Paso Natural Gas had cancelled the contract for natural gas producer Grace, which was contested by Grace as not authorized by FERC regulations. The result from the hearings was that FERC decided to consider the effects of the order in terms of the effect on natural gas producers. [2] Around this same time, Corinne B. Grace was also in the 1990 FERC hearing for Transwestern Pipeline Company v. Corinne Grace .

Contents

Background

Along with FERC Order 490, the legal environment at that time also had the newly enacted Natural Gas Wellhead Deregulation Act of 1989 which addressed the same issues of expired and terminated natural gas contracts, creating an environment where natural gas pipelines had greater flexibility in terms of abandoning natural gas contracts from producers. [3] Prior to the 1989 act, a sale subject to federal jurisdiction under the Natural Gas Act of 1938 could not be abandoned unless FERC determines it to be in the public interest. [4]

Conclusion

Although El Paso Natural Gas Company was considered lawful in the cancelling the contract, the hearings resulted in the following conclusion on the abandonment of natural gas contracts by pipelines with independent oil and gas producers, within the setting of the new Natural Gas Wellhead Deregulation Act of 1989 having been passed by Congress and signed by President George H. W. Bush:

Order No. 490 was never intended to be an unconstrained grant of regulatory authority to interstate pipelines to terminate and abandon small producer contracts, subject only to later judicial review of the contract expiration dispute.  At a minimum, the Commission should investigate the types of serious allegations presented here by the complainant and render a decision based on the substantive merits.  As a practical matter, in the absence of such investigation, many small producers effectively will have no remedy of any kind in the event of such alleged pipeline conduct, because a contract lawsuit will be financially burdensome, if not impossible. Consequently, I urge the Commission to reconsider this policy. [1]

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Transwestern Pipeline Company v. Corinne Grace was a hearing before the Federal Energy Regulatory Commission (FERC) on May 25, 1990. Transwestern Pipeline claimed that Grace, an independent oil and gas operator, had a well that was misclassified by the New Mexico Oil Conservation Division as what is called a stripper well under §108 of the Natural Gas Policy Act of 1978 (NGPA). A stripper well is a well that is marginally productive. The underlying issue was the geology of the Morrow Formation in New Mexico and the reliability of the information the oil and gas commission of one state had based its decision on based on this type of geological formation and its characteristics. Around this same time, Corinne Grace was also in the 1990 FERC hearing for Corinne B. Grace v. El Paso Natural Gas Company.

Corinne B. Grace was an actress and oil and gas producer based out of New Mexico. She had been instrumental in the Federal Energy Regulatory Commission (FERC) reassessing the new federal regulations allowing pipelines to cancel oil and gas producer contracts as was seen in Corinne B. Grace v. El Paso Natural Gas Company. She was also instrumental in protecting stripper wells as well as being supportive of state interpretations of FERC regulations as was seen in Transwestern Pipeline Company v. Corinne Grace. She also was part of the tax law theory of equitable recoupment being applied to city revenue from leased property with the court case of Grace v. City of Carlsbad.

References

  1. 1 2 Order No. 490, Final Rule, (Issued February 5, 1988), FERC
  2. Corinne B. Grace v. El Paso Natural Gas Company, Docket No. GP89-38-001, FERC
  3. Natural Gas Wellhead Decontrol Act of 1989 FERC
  4. Basic Federal Natural Gas Regulation for the Oil and Gas Lawyer - Washburn University School of Law CLE (1989) (washburnlaw.edu)