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On November 10, APGA submitted comments to the Federal Energy Regulatory Commission (FERC), arguing that FERC’s proposed rulemaking pertaining to the duty of candor is overly broad and should be revoked.

If finalized, the rule as proposed would impose an overly broad duty to conduct accurate communications (verbal or written) with FERC and FERC-jurisdiction entities on any matter that is under FERC’s jurisdiction. In other words, for example, if an APGA member were to accidentally make a misstatement of fact in a communication with its pipeline, no matter how immaterial such a statement was to business, it could potentially be in violation of this rule. Through its comments, APGA argues that the rule is impermissibly broad, especially as it pertains to public gas utilities, and should be revoked.

A copy of the comment letter is available here.

For questions on this article, please contact Renée Lani of APGA staff by phone at 202-464-0836 or by email at rlani@apga.org.