- 25 - Court of Appeals for the Tenth Circuit also relies. See Duke Energy Natural Gas Corp. v. Commissioner, 172 F.3d at 1261-1262. We reject petitioner’s argument for several reasons. To begin with, 46.0, although entitled “Pipeline Transportation”, encompasses “assets used in the private, commercial, and contract carrying of * * * gas * * * by means of pipes”. (Emphasis added.) The alleged term of art, “transportation”, nowhere appears in the descriptive language of 46.0, and it is clear that Clajon’s primary use of its gathering pipelines is “in * * * carrying * * * gas”.13 Thus, the plain 13 In our discussion to this point, we have not distinguished between the pipelines, compression stations, and metering installations constituting what we have termed “the gathering pipelines”. Although respondent made separate adjustments with respect to such components, the adjustments were similar, and the bulk of the adjustments (in excess of 90 percent) were with respect to the pipelines. (Less than 0.5 percent were with respect to the meter runs.) We have had no need to distinguish among the components since the issue is whether petitioner is a natural gas producer, not whether the components of its gathering system are within the meaning of the term “gathering pipelines” as it is used in 13.2. With respect to the placement of such components within 46.0, certainly Clajon’s primary use of its pipelines was in carrying or transporting gas. Moreover, because the sole function of field compression is, in the words of petitioner’s expert, “to push the gas from one location to another through the gathering system”, the same is true of Clajon’s compressor stations. The so-called “meter runs” are not separately discussed in either the trial record or the briefs. However, if they are simply meters used to ascertain the quantity of gas flowing through the pipelines (the definition of a “meter” set forth in Williams & Meyers, Manual of Oil and Gas Terms 626 (11th ed. 2000)), we see no reason to differentiate them from the pipelines in terms of primary use.Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
Last modified: May 25, 2011