(a) Purpose. The purpose of this section is to specify standards of conduct governing the provision of gas transportation services in order to prevent discrimination prohibited by the Common Purchaser Act, Texas Natural Resources Code, §111.081, et seq.; the Texas Utilities Code, Titles 3 and 4, which if violated, as found by the Commission, may constitute evidence of unlawful discriminatory activity. Any exemptions provided in this rule do not diminish statutory prohibitions against discrimination.
(b) Code of conduct. A transporter that provides transportation services for any shipper (including affiliate shippers) shall:
  (1) apply any tariff or contract provision for transportation services which provides for discretion in the application of the provision in a similar manner to similarly-situated shippers;
  (2) enforce any tariff or contract provision for transportation services if there is no discretion stated in the tariff or contract in the application of the provision in a similar manner to similarly-situated shippers;
  (3) not give any shipper preference in the provision of transportation services over any other similarly-situated shippers;
  (4) process requests for transportation services from any shipper in a similar manner and within a similar period of time as it does for any other similarly-situated shipper; and maintain its books of account in such a fashion that transportation services provided to an affiliate can be identified and segregated.
(c) Exemptions.
  (1) The distribution and transportation activities services performed by a local distribution company are exempt from this section.
  (2) In the event that an entity transports only its own gas through its own system, as designated by the transporter's current T-4 permit on file with the Commission, then that system is exempt from this section.
(d) Other requirements. Any transporter subject to the provisions of this section shall make available to the Commission its books and records of transportation service for audit purposes. With at least ten working days notice by the Commission, the transporter shall provide the Commission access to records showing rates which the transporter is charging and any other contractual conditions of transportation service. The transporter shall provide the Commission access on a reasonable basis to information contained in the transporter's records regarding any other relevant conditions of transportation service.

Source Note: The provisions of this §7.7001 adopted to be effective July 29, 2002, 27 TexReg 6687