Report Opens Door To Liquefaction Approvals

January 2013, Vol. 68, No. 1

INGAA protested. It cited an objectionable paragraph in the CFTC final rule, known as the ‘however’ paragraph, which seemed to suggest that every facility usage contract that entails separate payments for both fixed costs (e.g., a demand charge or reservation fee) and variable costs (e.g., storage fees, usage fees or rents) is an option subject to regulation under the Dodd-Frank Wall Street Reform and Consumer Protection Act. The industry argued that such a two-part fee structure is the standard fee structure for a wide variety of usage contracts, including interstate transportation of natural gas, which is regulated by FERC.