Federal and State Regulation. Except as set forth on Schedule 4.17, as of the date of this Agreement, no portion of the Company Midstream Properties is subject to (a) regulation by the U.S. Federal Energy Regulatory Commission as an intrastate pipeline under the Natural Gas Policy Act of 1978, 15 U.S.C. Section 330, and the regulations promulgated thereunder, (b) regulation by the U.S. Federal Energy Regulatory Commission as a common carrier under the Interstate Commerce Act, as implemented by the U.S. Federal Energy Regulatory Commission pursuant to 49 U.S.C. Section 60502, and the regulations promulgated thereunder or (c) rate regulation or comprehensive nondiscriminatory access regulation under the Laws of any federal, state or other local jurisdiction.
Federal and State Regulation. (a) No portion of the Gathering Systems includes any interstate common carrier pipeline operations subject to rate regulation by the FERC. (i) Borrower is a natural-gas company under the Natural Gas Act solely with respect to the Blue Mountain Delivery Line and (ii) neither Borrower nor any other Relevant Party provides transportation or storage services under the Natural Gas Policy Act. With the exception of the Blue Mountain Delivery Line, the Gathering Systems consist entirely of Midstream Properties exempt from FERC jurisdiction pursuant to section 1(b) of the Natural Gas Act.
Federal and State Regulation. To the extent any portion of the Gathering Systems are comprised of interstate common carrier pipeline operations (the “Interstate Pipelines”), the Interstate Pipelines are subject to rate regulation by the FERC under the Interstate Commerce Act and the Energy Policy Act. With respect to the Interstate Pipelines, (a) the rates on file with the FERC are just and reasonable pursuant to the Energy Policy Act and (b) to the knowledge of the Loan Parties, no provision of the tariff containing such rates is unduly discriminatory or preferential. Except as set forth on Schedule 7.27, neither any Loan Party nor any other Person that now owns or has owned an interest in any of the Interstate Pipelines has been or is the subject of a complaint, investigation or other proceeding regarding their respective rates or practices with respect to the Interstate Pipelines. No such complaint, petition, or other filing with the FERC, individually or in the aggregate, could result, if adversely determined to the position or interest of any applicable Loan Party, in a Material Adverse Effect.
Federal and State Regulation. (a)Each Loan Party is in compliance in all material respects with all rules, regulations and orders of each State agency with jurisdiction to regulate its Midstream Properties, and, as of the Effective Date, no Loan Party is liability for any refunds or interest thereon as a result of an order from any such State agency.
Federal and State Regulation. Except as set forth on Schedule 4.17, as of the date of this Agreement, no portion of the Company Midstream Properties is subject to
