Are there any legal requirements when negotiating a gas transportation agreement?
When negotiating a gas transportation agreement in Virginia, there are certain legal requirements that must be met. The Natural Gas Act of 1938 requires that any proposed transportation of natural gas across state or national boundaries must be approved by the Federal Energy Regulatory Commission (FERC). The FERC’s approval process is designed to ensure that the proposed transportation does not excessively threaten public interest. The Virginia Natural Gas Act requires that any entity requesting natural gas transportation services in the state must first obtain a certificate of public convenience and necessity from the Virginia State Corporation Commission (SCC). This certificate is a requirement for any business providing gas transportation service in the state. The SCC will review the application to make sure that the proposed service is in the public interest. When negotiating a gas transportation agreement, the parties must also consider negotiating a gas purchase agreement. This agreement should include a rate structure, terms of service, and other relevant information. The parties should also consider any state and federal regulations that may affect the agreement. In addition, the parties to the agreement should consider entering into a dispute resolution clause, which will detail how the parties will settle any disputes that may arise. This should cover issues such as termination of service, how to deal with force majeure, etc. Finally, the parties should make sure that the negotiated agreement is in compliance with local, state and federal laws. All parties must also sign the agreement, and it should be notarized. Following these legal requirements will ensure that the negotiated gas transportation agreement is valid and enforceable in Virginia.
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