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Federal Reserve




I

William A. Testa

’ king paper series on

Natural Gas Policy
and the Midwest Region

Bank of Chicago

NATURAL GAS POLICY AND THE MIDWEST REGION

William A. Testa
Federal Reserve Bank of Chicago
April, 1983




Table of Contents

Chapter

Title

List of Tables

I.
II.

III.
IV.

V.




Page

i

List of Figures

ii

Acknowledgments

iii

Executive Summary

1

Delivery, Production, and Consumption of Natural Gas

7

The Federal Regulatory Environment

19

The Recent State of the Natural Gas Market

27

The Market Outlook Under Natural Gas Decontrol

43

Conclusions

56

Footnotes

59

Appendix I

61

Bibliography

66

List of Tables

Table
Number
I.

II.
III.

IV.

V.

VI.
VII.

Title
Natural Gas Dependence by Type of User 1970-80

11

Percent Residential Units Heating with Natural Gas 1980

12

The Distribution of Natural Gas Consumption by EndUse Sector 1970-8C

14

Per Capita Natural Gas Production and Consumption
1970-80

15

Gas Utility Industry Average Prices 1970-1981

17

Scheduled Decontrol Dates of NGPA Gas Categories

24

Estimated Parity Prices of Natural Gas and Residual
Fuel Oil

54

i




Page

List of Figures

Title

FIGURE 1

FIGURE 2

FIGURE 3

FIGURE 4

FIGURE 5

Principal Agents in the Domestic Market for
Natural Gas

8

Interstate Transmission Pipelines Serving
Seventh District States

9

Interregional Disparities in Price-Controlled
Natural Gas

39

Price Impact of Average Cost Pricing in the
Presence of NGPA Price Ceilings

48

Estimated Price of Residual Fuel Oil and
Natural Gas, 1960-1981

53

ii




Page

ACKNOWLEDGMENTS

Many thanks to David R. Allardice, Herbert L. Baer, Gary L. Benjamin,
Kenneth W. Costello, and Jerry W. Szatan for their substantive comments and
editorial advice.

The staff of the Information Services Department of the

Federal Reserve Bank of Chicago provided first-rate assistance.

Appreciation

is also extended to Shirley Harris for word processing assistance.

O’Connell and Roger P. Thryselius created the graphics.
those of the author.

Thomas P.

Any errors remain

Opinions expressed in this manuscript do not represent

the views of the Federal Reserve Bank of Chicago or the Federal Reserve
System.

iii




Executive Summary

Energy consumers in the Seventh District, especially residential

consumers, depend on natural gas to fulfill many of their energy needs.

The

five Seventh District states (Illinois, Indiana, Iowa, Michigan, and

Wisconsin) use natural gas to meet approximately 28 percent of their overall
energy consumption.

For this reason, national policy toward natural gas

production and delivery remains critical to this region.

The natural gas

policy decisions of the next few years, including the issue of accelerated gas

market decontrol, will affect the economic vitality and direction of

industrial, commercial, and residential activity in the Midwest.
In the past, the complex structure of gas market regulations has carried

mixed blessings to the District states.

Federal price ceilings on the

domestic production of gas were able to hold down customer prices for natural

gas, but only at the expense of the Midwest supply shortages experienced in

the 1970s.
Intermittent shortages in supply moved federal policy toward major
revisions of gas market regulation.

The Natural Gas Policy Act of 1978 (NGPA)

secured greater supplies of natural gas for interstate customers, including

Seventh District residents, through favorable allocation directives and higher
producer prices.
In addition to a continual easing of wellhead prices for natural gas, the

NGPA set a complex schedule of price ceilings over most production from
domestic gas wells.

NGPA price ceilings on most existing gas categories,

especially gas from wells of recent discovery, will be removed on January 1,

1985, covering an estimated 55-65 percent of domestic gas production.

Some

natural gas wells of older vintage remain under price control indefinitely.




2

Consequently, the current decontrol timetable-gradually frees gas production

from price control as the gas from older wells becomes exhausted.
The NGPA price schedule-was intended to gradually raise average gas

prices to parity with petroleum prices by the time of partial decontrol in

In this manner, decontrol would not subject gas consumers to - price

1985.
shocks.

A regulatory middle route was fashioned between the development goal

of spurring energy production and the immediate necessity of holding consumer

prices at bay.

Despite the intent of the NGPA to restrain consumer price increases,
post-NGPA price levels have risen at a much faster rate than had been
anticipated.

On average, gas prices rose at rates of almost 20 percent per

year in recent years, easily outstripping the general rate of price inflation.

Most analysts concede that climbing world energy prices, led by the 1979 OPEC
round, are mostly responsible for climbing domestic prices of natural gas.
Nevertheless, regulatory features of the NGPA, coupled with erroneous market

regulation of an earlier era, have accommodated gas price increases by
insulating producers and pipelines from declining market demand while gas

consumers-pay final prices that may lie above market-clearing levels.

In

addition, the structure of NGPA price ceilings may be deterring exploration

and recovery of gas for future consumption, portending future prices for

natural gas -that are greater than they need to be.
Over the past two years, domestic and world energy demand have fallen due

to conservation and world-wide recession.

While the petroleum market has

responded to sagging demand by lowering prices, wellhead gas prices have
continued to rise despite slack demand and excess production capacity.

Although falling consumption does create some problems for the production




3

sector, the past and present regulatory structure has protected producers and
pipelines from falling consumer prices!.

Shortages of interstate gas•supplies in the 1970s, caused by pre-NGPA
ceilings on interstate gas, induced pipelines to contract for inordinately

large deliveries of high-priced gas in today's market under so-called
"take-or-pay" contract clauses.

Pipelines must pay for these deliveries even

though much of this gas cannot be sold to pipeline customers at contracted

prices.

Since renegotiation or "market out" clauses are absent from many

pipeline-producer contracts, pipelines cannot force producers to renegotiate

wellhead prices to reflect current market conditions.

Moreover, many producer

prices continually rise under existing contracts along with the highest
regulated rate prescribed by NGPA price ceilings.

Other contract terms

specify percent escalation in gas prices over time or tie the current price of
gas to residual fuel oil.

As a result, wellhead prices to pipelines have

risen while pipeline sales have fallen.

Pipelines escape the full impact of rising wellhead prices because the

NGPA allows them to automatically pass through wellhead price increases to
their main line customers and distributors.

Purchased Gas Adjustments (PGAs)

are filed with the Federal Energy Regulatory Commission (FERC) up to twice a
year to reflect cost increases from rising wellhead gas prices.

Insofar as

PGAs allow rate hikes to reflect only the price of gas which is sold by

pipelines to their customers, some pipelines have elected to sell the most
expensive gas to distributors while storing lower-cost gas supplies for sale
at a later date.

This practice further contributes to the rate of increase in

the price of gas sold to distributors and other pipeline customers.
Under current regulatory provisions, distributors behave in much the same

manner as pipelines.




Some distributors are paying such high prices for

4

natural gas that this gas cannot be profitably sold to their customers.
Again, take-or-pay contract provisions of an earlier era, along with the lack

of alternative suppliers, restrain distributors from refusing delivery of

high-priced gas.

In turn, distribution utilities typically pass along rising

gas prices to their customers via state versions of PGAs, though these
practices have recently met political resistance in some states, such as

Michigan.
Recent gas price hikes and predictions of future gas price increases have
caused a re-examination of our policies toward gas production and delivery.

To many observers, excess production capacity coupled with rising price levels
suggests that the gas market should be more responsive to falling demand for

energy.

Current gas prices to consumers are higher than market clearing

levels in spite of and because of NGPA price ceilings and other regulatory
features.

Take-or-pay contracts and other regulatory policies have trans­

formed NGPA price ceilings into price floors during this current period of
slack demand.

Federal legislation to allow producer-pipeline renegotiation of existing
contracts has been proposed as one way to remedy gas market irregularities!.
In addition, diminishing the ability of distributors and pipelines to pass

along wellhead price increases through PGAs may give a greater incentive to
pipelines to renegotiate onerous contract terms.

Other changes include

establishing interstate pipelines as common carriers so that local
distributors and customers could purchase gas directly from the lowest-cost
producer.

The possibility that current wellhead gas prices have risen beyond their
equilibrium has given new impetus to those who advocate accelerated decontrol

of all wellhead prices.




The current tiered structure of price ceilings

5

stifles the incentive to discover new domestic reserves and to enhance

production capacity.

Price decontrol could lower the resource costs of

current production and increase future supplies.

In turn, increases in future

supplies would lower the extent of future price levels to natural gas

consumers.

To the extent that price levels currently exceed their

market-clearing levels, accelerated decontrol would not raise prices to

consumers in the near term so long as amendment of contract features and
regulatory policies accompanied such a measure.

Opposition to accelerated decontrol arises from both distributors and
consumers who perceive the NGPA as a decontrol action which did little to hold

the line on consumer prices.

Wary of any new measure that claims to lower

prices by allowing an apparent acceleration of current policy, many

individuals favor a rollback of current price levels as a guarantee of

rational price levels for natural gas.
Forecasts of future price levels and production under market decontrol
remain uncertain for many reasons.

The volatile behavior of world energy

prices carries over to natural gas, a substitute for petroleum use in many

sectors.

Moreover, the future level of energy demand, including natural gas,

is difficult to predict because of the depth of the current recession and the
timing of recovery.

In addition to these uncertainties of market behavior,

removal of present regulatory policies on natural gas will influence market

demand and supply in countervailing directions.

Despite the difficulties in predicting gas market behavior under
accelerated decontrol, the current price of substitute fuels for natural gas,

particularly fuel oil, provides an approximate anchor for a deregulated gas
price estimate in the short run.

Within the Seventh District states, natural

gas prices in 1982 rose to parity with residual fuel oil.




This evidence,

6

coupled with the present inefficiencies in natural gas production, suggests

that the Seventh District residents would not be seriously affected, on

average, by the price effects of accelerated decontrol.

Rather, the market

signals to producers that accompany decontrol would work to increase future
supplies of natural gas and moderate future price increases.

Moreover,

enhanced domestic energy production presents a major counter punch to OPEC
dominance of world energy prices.
Of course, any recommendation to accelerate decontrol of wellhead prices

must be accompanied by renegotiation of existing pipeline-producer contracts
and revision of other NGPA features.

One problem associated with accelerated

decontrol involves provisions within existing contracts between transmission
pipelines and natural gas producers.

One type of contract provision, the

’’most-favored nation clause", immediately lifts the price of gas to the

highest price paid in the well’s producing area upon the advent of price
decontrol.

This can result in above-normal post-decontrol price levels for

gas under these contracts because the structure of present regulations can

distort the price of gas from nearby deep wells above reasonable levels.

Thus, most-favored nation provisions can cause a "fly-up" in gas price above
the eventual equilibrium price at the time of decontrol.

These contract pro­

visions and others must be amended or renegotiated if accelerated decontrol is
to accompany moderate price levels in the near future.




Chapter I:

Delivery, Consumption, and Production of Natural Gas

There are four principal agents that bring natural gas from under the
ground to the homes and factories of the United States.

These agents are

wellhead producers, transmission pipelines, distribution utilities, and final

customers (Figure 1).

Typically, wellhead producers sell their natural gas to

interstate or intrastate transmission pipelines under long-term agreements.
Allowable prices for all domestic wellhead gas are regulated by the Federal
Energy Regulatory Commission (FERC).

This regulatory agency administers

allowable natural gas prices under the authority of the Natural Gas Policy Act

(NGPA), enacted in 1978.
Transmission pipelines serve as an intermediary transport system between

wellhead producers and distribution utilities (as well as some large

commercial and industrial customers).

Transmission pipelines differ from

common carriers, such as railroads, in two respects.

First, the profits of

transmission pipelines are regulated by the federal government so that they
can best be considered as public utilities.

Second, transmission pipelines

purchase the product that they transport from wellhead producers.

Pipeline

purchase of natural gas serves to secure long-term supplies of natural gas to
energy-dependent regions of the country.

It has also contributed to certain

long-term contract provisions that are hindering short-term declines in

natural gas prices during the present recession.
The major portion of natural gas delivered to the Seventh District states

is provided via 11 transmission pipeline companies.

In the Midwest region,

interstate transmission pipeline systems deliver the bulk of natural gas from

the Southwestern states of Texas, Oklahoma, and Louisiana (Figure 2).

Lesser

volumes of natural gas originate from local wells, Appalachian gas fields, and




Figure 1
Principal Agents in the Domestic Market for Natural Gas
Regulatory Sector

------------------- ► Impact of Regulation
•




*

Flow' of Natural Gas

Production—Consumption Sector

Figure 2
Primary Transmission Pipelines Serving Seventh District States

1. Michigan Gas Storage Co.
2. Michigan Wisconsin Pipe Line Co.
Midwestern Gas Transmission Co.
4. Mississippi River Transmission Corp.
5. Natural Gas Pipeline of America

6.
7.
8.
9.
10.

Northern Natural Gas Co.
Panhandle Eastern Pipe Line Co.
Texas Gas Transmission Corp.
Trunkline Gas Co.
Great Lakes Transmission Co.

11. Northern Border Pipeline Co.
Source:

U.S. Department of Energy,

 ---------- Boundary


Major Natural Gas Pipelines,

of Seventh Federal Reserve District.

U.S.G.P.O., 1979.

10

foreign countries (largely Canada and Mexico).

Unlike domestic petroleum

consumption, however, U.S. imports of natural gas account for only a small

portion of domestic consumption, ' slightly over 5 percent in 1981.
Transmission pipeline companies generally sell natural gas to public and
private distribution utilities as well as large industrial customers and
electric utilities.

Sales of natural gas by transmission pipeline companies

are also regulated by the FERC.

Increases on gas costs are passed through to

utilities via Purchased. Gas Adjustment clauses (PGAs).

These clauses, filed

with the FERC, are intended to compensate pipeline companies for ongoing
increases in the price of gas that are paid to wellhead producers.

Distribution utilities, both public and private, purchase natural gas

from transmission pipelines and deliver it to final customers through a
network of buried pipes.

State regulatory agencies, typically public utility

commissions, oversee delivery and pricing of natural gas to final customers.
In most states, distribution utilities are able to pass through cost increases

of purchased gas to final customers without regulatory approval by way of
state versions of PGA clauses.
to this practice.

The State of Michigan represents one exception

Michigan requires public utility commission approval of PGA

gas utility rate hikes.

Natural Gas Consumption and Production
In 1980 natural gas accounted for 27.6 percent of overall energy

consumption within the five states (Illinois, Indiana, Iowa, Michigan, and

Wisconsin) of the Seventh District.
nation (Table I).

This compares with 26.9 percent for the

Contrary to what would be expected in an era of rising

prices of imported fuels, national and regional dependence on natural gas has
decreased from 1970 to 1980, indicating a general substitution of alternative

energy sources for natural gas.




The national dependency, which had exceeded

Table I

Natural Gas Dependence by Type of User 1980 (1970)*
(percent)

Year

All Uses

Illinois

1980
(1970)

29.5
(32.6)

Indiana

1980
(1970)

Iowa

Electric
Transportation

Utilities

Commercial

Industrial

54.6
(53.4)

36.2
(34.4)

25.1
(26.2)

1.8
(3.7)

1.8
(16.7)

20.5
(25.1)

37.0
(40.0)

31.3
(40.7)

19.1
(22.0)

2.1
(3.0)

(--)
(5.6)

1980
(1970)

27.0
(40.2)

35.9
(45.7)

40.4
50.7)

28.4
(29.1)

5.5
(9.0)

2.9
(45.3)

Michigan

1980
(1970)

32.0
(30.5)

54.1
(50.9)

46.1
(40.7)

25.8
(24.2)

2.0
(1.8)

3.2
(11.0)

Wisconsin

1980
(1970)

26.4
(26.5)

35.7
(32.5)

37.5
(33.4)

28.2
(26.8)

2.6
(2.5)

3.4
(10.7)

Region

1980
(1970)

27.6
(30.4)

47.3
(47.0)

38.6
(38.0)

24.1
(24.9)

2.4
(3.4)

2.0
(14.2)

U.S.

1980
(1970)

26.9
(32.6)

31.9
(37.3)

25.2
(29.5)

27.6
(32.9)

3.3
(4.6)

15.6
(24.8)

Residential

♦Dependence is defined as dry natural gas consumption as a share of total energy consumption from all fuels.
Consumption is measured in MMBTUs (heat content of energy input). The following definitions summarize each use.
Residential Sector: energy consumed by private households primarily for space heating, water heating, and other
household uses. Commercial Sector: energy consumed by non-manufacturing business establishments, non-profit enter­
prises, and government. Industrial Sector: Energy consumed by manufacturing, construction, mining, agriculture,
fishing, and forestry. Transportation Sector: Energy consumed to move people and commodities in both the private
and public sectors. Electric Utility Sector: Energy consumed by publicly-and privately-owned establishments which
generate electricity for resale.
SOURCE:

State Energy Data Report 1960 through 1980, DOE/EIA-0214(80), July, 1982.




12

that of the District states in 1970, fell by twice as much as the regional

share.

Michigan and Illinois are particularly dependent on natural gas.
Michigan’s 32 percent consumption share and Illinois' 29.5 percent share are
significantly greater than the nation’s average.

Both Iowa and Wisconsin

consume natural gas in close proportion to the national average.

Consuming

only 20.5 percent of its energy in the form of natural gas, Indiana lies

significantly below the national average.
The residential and commercial sectors in Seventh District states are far

more dependent on natural gas than the overall nation.

All five states

maintain a higher proportion of residences with gas heating than the nation’s
average (Table II).

In this regard, Illinois ranks first in the nation and

only five other states rely on gas for home heating to a greater extent than

the State of Michigan.

Table II
Percent of Residential Units Heating With Natural Gas 1980

State

Percent Housing Units

Illinois
Indiana
Iowa
Michigan
.Wisconsin
U.S. Average

82.5
61.3
66.7
76.5
58.1
53.3

Rank in U.S.
1
16
13
6
21
—

SOURCE: U.S. Department of Commerce, Bureau of the Census, "Provisional
Estimates of Social, Economic, and Housing Characteristics," Table H-3, Fuels
and Financial Characteristics of Housing Units 1980.

Michigan’s dependence on gas in the residential and commercial sectors,
and its overall dependence, greatly increased over the past decade.
Illinois and Wisconsin also witnessed increasing gas dependence in the

residential and commercial sectors.




As a result, the Seventh District became

13

more gas dependent in these sectors while the nation has experienced
significant declines.

Within the industrial sector, only Wisconsin and

Michigan's gas shares of total energy turned upward, countering both overall

regional and national trends.

Both the region and the nation showed a reduced

dependence on natural gas in the transportation sector between 1970 and 1980.

And while the nation greatly reduced its dependence on gas used to generate
electricity, Seventh District states reduced gas consumption in this sector to
an even greater extent.

The industrial sector consumes the lion's share of natural gas in the
United States, over 41 percent in 1980 (Table III).

However, in the Seventh

District states, especially Michigan and Illinois, the residential natural gas
share exceeds other sectors, comprising about 40 percent of regional gas use

in 1980.

The industrial end-use sector is a close second, representing

approximately 35 percent of total regional gas consumption.

Overall, the

region's gas consumption accrues in the residential and commercial sectors to
a much greater extent than the nation.

Natural gas is used to generate

electricity to a greater degree in the nation than in Seventh District region

where coal rather than gas is the primary input.

Regions vary not.only in their relative dependence on natural gas but
also in their absolute consumption of energy and natural gas.

Seventh

District consumers utilized about 91,000 cubic feet of gas per capita in 1980,
exceeding the national by about 3,000 cubic feet (Table IV).

While per capita

gas consumption in the region declined by 9,000 cubic feet from 1970 to 1980,
per capita consumption nationally fell by over 16,000 cubic feet.

Conse­

quently, regional per capita consumption changed from a lower-than-national
total in 1970 to an amount in excess of national per capita consumption in

1980.




Table III

The Distribution of Natural Gas Consumption by End-Use Sector 1980 (1970)
as a Percent of Total Consumption

Year

Residential

Commercial

Industrial

Transportation

Electric
Utilities

Total

Illinois

1980
(1970)

43.9
(37.4)

20.9
(16.5)

32.0
(32.4)

1.3
(2.8)

1.8
(11.3)

100
(100)

Indiana

1980
(1970)

33.4
(29.0)

14.3
(14.2)

49.9
(49.2)

1.8
(2.0)

.4
(5.4)

100
(100)

Iowa

1980
(1970)

31.5
(27.6)

18.8
(16.4)

42.5
(28.3)

4.7
(5.3)

2.6
(22.3)

100
(100)

Michigan

1980
(1970)

44.8
(42.0)

22.0
(16.4)

28.8
(32.4)

1.2
(1.3)

3.1
(7.9)

100
(100)

Wisconsin

1980
(1970)

35.0
(31.1)

21.9
(16.1)

36.8
(41.7)

2.3
(2.0)

3.9
(9.1)

100
(100)

Region

1980
(1970)

40.4
(35.4)

20.1
(16.0)

35.4
(35.8)

1.9
(2.3)

2.2
(10.4)

100
(100)

U.S.

1980
(1970)

23.9
(22.9)

13.1
(11.3)

41.2
(43.8)

3.2
(3.4)

18.7
(18.6)

100
(100)

Note: The consumption share is defined as dry natural gas consumption by end-use as a share of all dry
gas consumption.
SOURCE:




State Energy Data Report 1960 through 1980, DOE/EIA-0214(80), July, 1982.

Table IV

Per Capita Natural Gas Marketed Production and Consumption, 1970-1980

Consumption
Cubic Feet Per Capita
1970
1980

% Change

b,c
Production
Cubic Feet Per Capita
1980
1970

% Chang

Illinois

105,670.6

95,430.4

- 9.7

436.5

137.8

-68.4

Indiana

104,908.5

89,101.1

-15.1

28.1

84.3

200.0

Iowa

123,539.8

92,512.4

-25.1

0.0

0.0

0.0

Michigan

91,083.0

93,437.4

2.6

4,374.1

17,097.1

290.8

Wisconsin

76,505.2

74,767.7

- 2.3

0.0

0.0

0.0

Region

99,235.7

90,726.2

- 8.6

1,343.0

4,753.3

253.9

103,978.3

87,756.5

-15.6

107,823.3

89,970.6

-16.6

United States

SOURCE:

Natural Gas Annual 1980, February 1982, DOE/EIA-0131(80), and State Energy Data

Report, 1960-1980, DOE/EIA-0214(80).
£
Production includes marketed production including nonhydrocarbon gases.
^Consumption includes “Lease and Plant Fuel" and “Pipeline Fuel".

0

Production figures contain nonhydrocarbon gas while consumption figures exclude this gas
Production data, net of non-hydrocarbon gas, is not available for all states,




16-

By all accounts, the Seventh District consumes much more natural gas than

it produces.

Michigan produces the only significant amounts of natural gas

among Seventh District states.

Michigan produced over 17,000 cubic feet of

gas per capita in 1980, an increase of almost 300 percent from 1970.

Natural Gas Prices in the Midvest
Natural gas prices have risen in approximate unison among states of the

Seventh District over the last decade.

From 1970 to 1981, retail natural gas

prices increased by almost six-fold (Table V).

While the nation's gas prices

climbed at a compound average annual rate of just over 17 percent over this
period, the increase in each District state was slightly lower.

Four of five

Seventh District states witnessed an average gas price level above the
national average in 1970, but only the average price in Michigan and Wisconsin

remained above the national average in 1981.

Concurrently, Indiana

experienced the lowest regional average gas price level in 1981, 11 percent

below the national average.

Prior to the NGPA in 1978, national average gas prices rose at a slower
pace than in the post-NGPA era.

Post-NGPA price acceleration was consistent

with NGPA intentions of spurring national gas development to a limited degree

through price incentives.

Among District states, the average annual growth

rate of prices lagged behind the nation in the eight years preceding the NGPA

of 1978, a period characterized by restrictive price controls on interstate
gas and intermittent supply shortages in the Midwest.

In the post-NGPA era,

the average annual increase in gas prices exceeded the national average in
every Seventh District state except Illinois.




Table V

Gas Utility Industry Average Prices (all customers) 1970-1981
($/millions of btus)

Illinois
Indiana
Iowa
Michigan
Wisconsin
U.S.

SOURCE:

1970

1978

1979

1980

1981

$.73
.71
.62
.78
.80
.64

2.27
1.93
1.96
2.17
2.26
2.18

2.72
2.38
2.36
2.51
2.66
2.52

3.26
2.82
2.81
3.06
3.42
3.13

3.66
3.26
3.45
3.70
4.19
3.66

Compound Annual
Rate of Increase
1970-78
(percent)
15.2
13.3
15.5
13.6
13.9
16.6

Compound Annual
Rate of Increase
1978-81
(percent)

Compound Annual
Rate of Increase
1970-81
(percent)

17.3
19.1
20.7
19.5
22.8
18.9

15.8
14.9
16.9
15.2
16.2
17.2

American Gas Association.

Note: A British thermal unit (btu) equals the amount of heat required to raise the temperature of one pound of
water one degree Farenheit.




18

The price of gas in the highest-priced District state, Wisconsin,

exceeded that of the lowest price state, Indiana, by . just over 28 percent in
1981.' While substantial variation in average price levels between Seventh

District states can be observed, the variation among smaller market areas most
likely exceeds that between states.

In addition to differences in distance

from the wellhead, delivery costs differ according to volume with large
customers generally being less-costly to serve than others.

Differences in

retail prices also arise from the variety of transmission pipeline companies

serving the region.

Transmission pipelines sell natural gas to distribution

utilities in the Seventh District at average rates that reflect their ability
to secure gas'at varying prices within NGPA price ceiling categories.

For

this reason, local utilities within a state or region may purchase natural gas

at significantly different prices than their immediate neighbors.
A recent survey of selected transmission pipeline companies indicates the

substantial variation in the mix of purchased wellhead gas by transmission

pipeline companies.*

Among those pipelines selected in the sample that serve

the Seventh District s.tates, the highest average wellhead price exceeded the
lowest average price by over 62 percent. '

These price variations largely

reflect the historical position of pipelines in cementing long-term contracts
for volumes of ' natural ■ gas at favorable prices and other ■ contract terms.




II.

The Federal Regulatory Environment

Two primary goals of current federal legislative policy can be

identified, though these goals have not been fully realized.

First,

legislation has been enacted to protect certain classes of residential and
commercial users from a worsened economic position by limiting the rise in the

price of natural gas and by insuring delivery priorities to these customers.
Although price limitations are intended to protect consumers from deteriora­
tion in purchasing power, these same limitations can result in shortages and

bottlenecks in supply thus negating the potential benefits to be derived from
price protection.

To compensate, additional legislative measures insure

delivery priorities to preferred gas users, which are primarily residential
and commercial customers.
The second goal of current legislation attempts to bring gas production
and consumption into harmony with our comprehensive national energy needs.

Together with coal development and energy conservation, natural gas develop­

ment represents a major counterpunch to OPEC dominance of energy supplies and
costs.

By substituting coal and natural gas for imported oil, we can improve

our terms of trade with other countries, and possibly erode OPEC’s pricing
power.

Although the goals of current natural gas policy are laudable, these

goals have not been realized under the market incentives created by the myriad

of present regulations.

Clearly, current regulations have failed to protect

consumers from near-term price increases.

Moreover, the development of

domestic gas production has fallen short of its potential.




The history of gas

20

market regulation in the U.S. reveals a morass of counterproductive
intervention and the needless restriction of market forces.

Federal Government Regulation:

A Synopsis

Although natural gas deposits were readily available for production early

in this century, delivery to large urban markets awaited the technological
breakthrough that made natural gas competitive with fuel oil.

2

The

development of the seamless welded pipe in the 1920s ushered in the era of

natural gas and natural gas delivery systems.

Since pipeline systems require

large fixed costs, Congress moved to prevent the monopoly pricing of natural

gas to local utilities by interstate pipeline transmission companies.
The Natural Gas Act of 1938 (NGA; Pub.L. 75-688) gave the Federal Power

Commission (FPC) the authority to regulate interstate pipeline gas price and
contract terms.

Transmission companies that did not cross state boundaries,

intrastate pipelines, remained uncontrolled by .federal authority.

Under FPC control interstate gas markets grew rapidly through the early
1950s.

Standard "allowed rate of return" and "historical cost" price controls

on interstate pipelines were not serious impediments to market development and

expansion.

By 1950, natural gas accounted for about one-sixth of total

domestic energy consumption,
structure of gas markets.

in 1954, the U.S. Supreme Court altered the

Contending that wellhead prices substantially

affect ultimate consumer prices, the Supreme Court in Phillips Petroleum v.
Wisconsin interpreted the FPC's regulatory power as extending to wellhead

3
prices,of interstate natural gas.

in essence, producers who chose to sell

natural gas to interstate pipelines became public utilities while producers
who sold to intrastate pipelines market remained largely unregulated by the

federal government.




21

As a result of this court decision, producers experienced two

disincentives to develop and sell gas to interstate pipelines.

Regulated

prices to interstate gas producers began to fall significantly below the
market determined price of gas sold to intrastate pipelines.

The FPC tried to

regulate interstate producer gas prices in a fashion similar to the regulation

of prices on gas sold by transmission pipeline companies to distribution
utilities.

Determination of "historic cost" and "allowable rate of return"

for each producer, however,
process.

proved to be an overwhelmingly costly and slow

By 1960 applications for over 2,900 rate increases had been filed

with the FPC, bu- only 10 had been completed.

In an attempt to expedite

regulatory processes, the FPC adopted "area rate pricing" in the early 1960s.

Area rate pricing established consolidated regulated prices for producers '
within broad geographic areas.

Despite improvements in expediting price

increases, area rate pricing failed to achieve a balance between intrastate
and interstate wellhead gas prices.

The pricing differential encouraged

drilling in areas served by intrastate pipelines at the expense of areas
served by interstate pipelines.

As a result, the committed reserves of gas to

interstate pipelines declined during the latter 1960s and early 1970s while

intrastate reserves remained fairly constant.

Insofar as consumption remained

fairly level throughout this period, eventual supply shortages in the

interstate market became inevitable.
In addition to delays in wellhead price increases, the Federal Power

Commission may have aggravated the interstate supply problem in another
respect.

Once producers committed producing wells to interstate pipelines,

they were not allowed to withdraw these reserves from public access without

regulatory permission.

Although this regulation initially maintained gas that

was already committed to interstate markets, it also may have discouraged some




22

producers from committing any new reserves to the interstate market for fear

they could not respond to changes in future conditions by selling to alternate

buyers.

In any event, the stock of intrastate and uncommitted gas reserves

remained fairly constant from 1963 through 1977.

Concurrently, interstate

reserves fell by almost 50 percent.
Two segmented natural gas markets arose in this regulated environment.
The intrastate market, located in gas producing states, experienced higher gas
prices but plentiful supplies.

In contrast, the interstate market was

characterized by lower relative prices than the intrastate market but also by
dwindling supplies.

By the winter of 1972, shortages occurred at places in

the interstate markets where market demand at stated prices could not be met
by pipeline supply.

Severe shortages occurred again in the winter of 1976-77,

temporarily closing many factories and schools in the Midwest.
In response to these regulatory failures, Congress moved to redress the

severe imbalance in the natural gas market.

During 1978 several legislative

enactments markedly altered the regulatory environment.

The most significant

legislative reform appeared as the National Gas Policy Act of 1978 (NGPA).
NGPA replaced the Federal Power Commission with the Federal Energy Regulatory

Commission (FERC) as the regulatory authority of natural gas distribution.
FERC's regulatory authority was extended to intrastate gas production in an

effort to partially unify the two markets that had developed over the

preceding 25 years.

Although market segmentation continued under NGPA

regulations, the intrastate gas market disappeared as a vestige of free market

production.
Pre-NGPA regulation redirected regional gas consumption away from

interstate pipeline regions by capping interstate prices while ignoring
intrastate prices.




This diverted gas supplies to the gas producing regions of

23

the South and Southwest.

The NGPA alleviated supply shortages in interstate

pipelines by several methods.

First, NGPA caps intrastate gas prices thus

diverting greater available supply to interstate markets.

In addition, gas

production from federal land on the outer continental shelf can no longer be
sold to intrastate pipelines.

A primary feature of NGPA was the establishment of an extensive and

complex schedule of wellhead price ceilings. These price ceilings vary in
their application to interstate and intrastate markets in the present period

and in the price decontrol dates in 1985 and 1987 as scheduled in the NGPA
(Table VI).^

Maximum prices also vary according to the physical

characteristics of the well, its proximity to other wells, prior commitment to
interstate pipelines, and the date of well initiation.

NGPA ceilings on wellhead gas prices apply to all except Section 107
wells, which are characterized by a drilling depth of over 15,000 feet (Prices

of gas from Section 107 wells are determined by market forces.)

prices are allowed to rise at the rate of inflation.

All ceiling

"New gas," gas from new

wells and gas from those wells placed in production since 1977, rises in price
at an additional four percent per year as measured by the GNP deflator.

Price

ceilings for most new gas are to be eliminated as of January 1, 1985 and some

classes of older vintage intrastate gas also become decontrolled in 1985.

It

is estimated that the wellhead price on 55 to 65 percent of all domestically

produced gas will be unregulated in 1985.*
In addition to the wellhead ceilings and a price decontrol schedule, the

NGPA set forth a scheme of incremental pricing.

Incremental pricing allocates

the costs of rising wellhead gas prices to certain industrial uses, large




Table VI
Scheduled Decontrol Dates of NGPA Gas Categories*

NGPA Classification

Date of Deregulation

Description

1/1/85
1/1/85
1/1/85
not deregulated

102, New Natural Gas

.
.
.
.

103, New Onshore Wells
(certain wells started
post 2/19/77)

. wells deeper than 5,000 feet
. wells shallower than 5,000 feet

1/1/85
1/1/87

104, Gas dedicated as
interstate pre-11/9/78

. various categories

not deregulated

105, sold under
existing intrastate
contracts

. all types

1/1/85

106, sales under
"rollover" contracts

. interstate
. intrastate

not deregulated
1/1/85

107, high-cost gas

. wells greater than 15,000 feet drilled
after 11/1/79 and other types
. tight sands and other types

11/1/79

certain new onshore wells
new onshore reservoirs
offshore leases effective after 4/20/77
new reservoirs on old offshore leases

not deregulated

3

108, stripper wells

. produced at rate less than 60,000 ft /day

not deregulated

10°, other

. Prudhoe Bay and other

not deregulated

Imported gas

. price- set by approval of the FERC and
the Economic Regulatory Administration

not deregulated

*In general, wells qualifying under more than one category are eligible for the price
ceiling and decontrol status of choice. See Appendix I for a more complete description
of decontrol categories and ceiling prices.



25

industrial boilers in particular.

The price of gas sold in these industrial

uses, however, may not exceed the regional price of high-sulfur residual fuel

oil which is a close substitute for gas in industrial boiler consumption.
This latter restriction inhibits the switching of gas for fuel oil to insure
greater price subsidization of residential, commercial, and electric utility

customers.

Concurrent with NGPA, the Powerplant and Industrial Fuel Use Act of 1978
(FUA) altered the demand for natural gas.

The FUA sought to encourage the use

of coal, shale oil, and alternate fuels for industrial purposes in place of
oil and gas.

The FUA prohibits new electric powerplants and industrial

boilers from burning oil or gas if coal or other fuels remain an alternative.

Exemptions are granted to the extent that alternative fuels are prohibitively

costly or environmental regulations deny the use of alternatives.
Through the NGPA and the FUA, Congress intended to steer a middle course

between allowing gas prices in the long term to rise to oil-price equivalents

and holding down the increases in the short term to protect certain classes of
customers.

Although the ceilings served to limit the rise in gas prices to

residential and commercial customers, Congress foresaw continuing gas
shortages in the short run because of the ceilings.

Consequently, allocation

directives such as curtailment priorities, demand restrictions, and

incremental pricing of industrial gas attempted to contain expected shortages
to industrial users and electric utilities.

At the same time, the removal of

ceilings on "deep wells" and the accelerated price increases on new gas were

designed to encourage gas development and production in order to foster

alternatives to petroleum imports and augment future supplies of natural gas.
By increasing future supplies and gradually raising average gas prices, it was

thought that protective price controls would become unnecessary. This process




26

of gradual price decontrol was intended to lift new gas prices to approximate

parity with oil by the time of partial price decontrol in 1985.

In this

manner, decontrol would not subject gas consumers to price shocks.

A

regulatory middle route was fashioned between the development goals of the
free market and the immediate necessities of holding consumer prices at bay.

Unfortunately, the intentions of our most recent natural gas policy have not
been realized in actual market behavior.




III.

The Recent State of the Natural Gas Market

A declining domestic demand for natural gas, coupled with certain

regulatory features of the NGPA, have given rise to both rapidly rising prices
and excess production capacity.

Moreover, market regulations of both the

pre-NGPA and post-NGPA era have conspired to insulate suppliers of natural gas

from falling demand while final consumers of gas bear the costs of unneeded
investment in the production of costly gas supplies.

These developments have

re-opened the issues concerning the regulation of the natural gas industry.
Legislative movements are underway to make the supply side of the market more

responsive to falling market demand.

At the same time, the high level of

current gas prices has given new impetus to an acceleration of the current
price decontrol schedule.

If gas prices currently exceed market clearing

levels, accelerated decontrol of wellhead prices, accompanied by legislation

that allows the current market to respond to falling demand, may result in
more rational production incentives without further price shocks to gas
consumers.

Post-NGPA Natural Gas Market Behavior

The scheduled partial decontrol of natural gas, beginning in 1985, was to
be preceded by an average gas price that was close to parity with competitive

oil products.

However, the NGPA schedule of price decontrol did not

anticipate the near-doubling in the price of crude oil from 1978 to 1981.

As

a result, the price of natural gas fell significantly below the price of crude

oil in the years immediately following NGPA.

At that time, many observers

predicted a sharp price spike to accompany partial decontrol in 1985 because
natural gas consumption, which is a close substitute for fuel oil in

industrial use, was expected to rise as customers switched from oil to gas to
lower overall energy costs.




28

Forebodings of sharp price hikes in 1985 were exacerbated by certain

contract provisions between interstate gas producers and interstate pipelines.

In anticipation of eventual price decontrol and rising energy prices, gas
producers included "escalator” clauses in contracts with transmission
pipelines which raise the price of previously committed gas over time.

Interstate pipelines accepted many of these contract terms under the duress of

looming shortages.

Some escalator clauses continually raise prices to the

level of the highest allowable regulated wellhead rates which rise as ceiling

prices increase over NGPA categories of gas.

Other clauses simply include

definite percent escalations in future prices of delivered natural gas.

One type of escalator clause, the deregulation provision, causes
particular alarm in discussion over price hikes accompanying partial

decontrol.?

At the same time of partial decontrol, these provisions lift

wellhead prices of contracted gas to free market rates or to other indefinite
levels such as 110 percent of the price of residual fuel oil.

In the absence

of deregulation clauses, the advent of partial decontrol of gas from new wells
in 1985 would witness moderated average price increases because some gas that

had been committed prior to decontrol would be locked into low contract
prices.
One particular type of deregulation provision, the "most-favored nation"

clause, has the potential to cause severe disruption with the onset of partial
decontrol in 1985.

In general, a most-favored nation clause stipulates that

the transmission pipeline pay the average of the two or three highest prices

being paid in the producing area or the highest price being paid for similar
g

gas.

Pipelines often cannot cancel out of these contracts,

While most-favored nation clauses alone might temporarily throw market
prices above their equilibrium in 1985, the NGPA magnifies the impact of these




29

clauses.

The price of deep-well gas, Section 107 gas, is

currently decontrolled in toto.

Many gas pipelines have bid up the price of

Section 107 gas because of their practice of average cost pricing.

Pipelines

generally average the costs of old, low-price gas along with the cost of more
expensive new gas to establish a single price to any given distribution

utility.

Transmission pipelines can use the price "cushion" of

previously-contracted cheap wellhead gas to bid competitively for uncontrolled
expensive domestic gas or wellhead imports from Mexico and Canada in an effort

to meet the demand of existing customers at average prices.

As a result, the

average price paid for all gas falls below the marginal price paid for
deep-well gas by the pipeline.

This has led to wellhead prices of $10 per MCF

or more for Section 107 gas while average wellhead prices hover around $2.50.

In the event that producers require pipelines to take delivery of decontrolled

gas at Section 107 prices in 1985 under most-favored nation clauses, wellhead
prices could jump significantly above market equilibrium prices.

Though price

would eventually settle back to equilibrium, the initial price shock could
cause serious disarray within the natural gas market.
Some of the early concern over a sudden price jump in 1985 has abated as

natural gas prices climbed much faster than anticipated, lowering the extent
of potential price hikes.

While many gas industry analysts were asserting

that acceleration of the decontrol schedule would lessen the economic costs

associated with a sharp price spike in 1985, residential gas prices rose by
almost 63 percent from January, 1980 to September, 1982.

These rapid price

hikes were accompanied by falling energy consumption, falling prices for

substitute fuels and falling natural gas consumption.
The current recession has lowered domestic demand for all energy
products. Total domestic gas consumption declined from 19,877 billion




30

g
cubic feet (Bcf) per year to 19,404 Bcf from 1980 to 1981.

In the first

three quarters of 1982, consumption fell by over 6 percent in comparison to

the first three quarters of 1981.

Decreases in consumption cannot be wholly

attributed to downturns in the domestic economy.
weather conditions influence gas consumption.

selves encourage conservation by gas customers.

Year-to-year changes in

Moreover, rising prices them­
Still, prior to the 1981-1982

recession, total domestic gas consumption rose slightly from 19,627 Bcf in

1978 to 19,877 Bcf in 1980 despite a rapid rise in prices.

This suggests that

the present economic slump may account for part of the recent slack in gas
demand.

.

Despite the recent downturn in demand for natural gas, both consumer and

wellhead prices continue to climb.

The average wellhead price of gas in­

creased by over 21 percent from September, 1981 to September, 1982 while
average residential gas prices rose almost 19 percent.

In comparison, average

heating oil prices declined by almost 4 percent over the same period and the

domestic average wellhead value of crude petroleum declined by over 10
percent.

Rising gas prices accompanied by slack demand for natural gas leads many
observers to conclude that gas price decontrol, as exemplified by the NGPA,
fails to benefit anyone except wellhead gas producers.

Baffled at price

increases in the face of slack demand, many consumers maintain that price
decontrol allows monopoly rents to accrue to producers with no benefit
whatsoever to consumers.




31

Why Have Gas Prices Continued to Climb?
Natural gas prices have continued to rise in the wake of slack demand for

several reasons.

First, the second OPEC round of petroleum price hikes in

1979 led to a doubling in world oil prices.

Insofar as petroleum and natural

gas are substitutes in energy consumption, petroleum price hikes placed upward
pressure on the demand and price of.natural gas.

The structure of NGPA price ceilings on domestic gas accommodated and
exacerbated upward pressure on gas prices in several respects.

The NGPA

created a price-decontrolled category of gas, Section 107 gas, as a production
incentive.

Some pipelines used their surfeit of price-controlled gas to

subsidize their price bids on Section 107 gas.

As the price of Section 107

gas subsequently increased, it helped to pull the average price of gas up to
unforeseen levels.
In addition to price increases in Section 107 gas, NGPA price ceilings

themselves have grown at a rate outstripping the general rate of price infla­

tion.

While ceiling prices on some categories of gas climb at the rate of

inflation, the ceiling price on Section 102 gas, (new natural gas), was per­
mitted to increase at an annual rate of 3.5 percent more than inflation

through April 20, 1981, and at a rate of 4 percent more than inflation through
the end of 1984.

As older vintage supplies of gas have been depleted, a

greater proportion of production has fallen into NGPA categories covered by

higher ceiling prices and into categories with ceilings that rise more rapidly
than inflation, greatly contributing to gas price increases to final

customers.
In addition to the price ceiling structure of NGPA, the federal gas

regulation of an earlier era contributed to recent gas price hikes.

Contract

terms between pipelines and wellhead producers reflect the relative strength




32

of these two parties in bilateral contract negotiation.

In this regard, the

tight producer price ceilings imposed on wellhead gas in the pre-NGPA era
restricted available reserve commitments by producers to interstate pipelines.
In the absence of adequate price rewards, producers were able to bargain for

inclusion of "non-price" or "shadow price" conditions into interstate

contracts that were entered into during the last decade, including the period
immediately following the passage of the NGPA.

In an effort to secure

adequate supplies in anticipation of growing demand and continuing shortages,
pipelines included escalator clauses, take-or-pay clauses, and other

unfavorable conditions into their contracts with wellhead producers.

In

general, these contract clauses have protected producers from unanticipated

declines in final market demand, much to the detriment of transmission

pipelines, distribution utilities, and especially final consumers.
Escalator clauses continually raise the purchased price of natural gas

sold to pipelines.

Price escalations can take the form of the highest

regulated price allowed under NGPA regulations or they may only specify

certain percent increases in wellhead prices over time.

While these contract

terms alone cannot ratchet prices upward during eras of excess gas supplies,

contracts have been accompanied by "take-or-pay" provisions which discourage
downward price movements during periods of slack demand.

These provisions

require pipelines to pay for contracted volumes of gas on a specified schedule
regardless of whether pipelines take the gas.

Department of Energy surveys

indicate that pipelines were most willing to accept take-or-pay provisions in
the "973-77 era, though they apply to over 80 percent of post-"978 contracted
volume as well.^

As a result of these contract provisions, the gas market

has not responded to the recent period of slack natural gas demand at the
wellhead.




The wellhead price of natural gas in the U.S. climbed by over 2"

33

percent from September, 1981 to September, 1982.

Concurrently, the domestic

wellhead price of petroleum decreased by over 10 percent.
While take-or-pay contract features have assured that wellhead producers

do not suffer from recent declines in gas demand, purchased gas adjustment

clauses, PGAs, have insulated pipelines from much of the sagging market
demand.

To date, FERC has granted pipeline price hikes associated with

increased wellhead gas costs without major delays via Purchased Gas Adjust­
ments (PGAs).

PGAs can be filed up to twice a year to reflect increases in

the prices that pipelines pay for gas at the wellhead.

Perhaps more galling to consumers than recent price increases in the

presence of falling demand, transmission pipelines continue to purchase
high-priced categories of natural gas for resale to customers while available
supplies of cheaper wellhead gas remain in storage or in the ground.

For

example, Columbia Pipeline Co. stopped taking gas from 20,000 low-volume wells
in Appalachia which was available at prices as low as $.45 per Mcf.

At the

same time, the pipeline continued to purchase gas from other sources at prices

exceeding $5.00 per Mcf.

These practices have raised the average price of gas

that pipelines sell to distribution utilities.
Pipelines are thought to decrease their takes of low-cost gas during
periods of slack demand because PGAs only allow a price pass-through for

wellhead gas that is sold by the pipeline to a distributor or other customer.

In turn, pipelines may seek to preserve a favorable cash flow by receiving PGA

compensation for the largest possible portion of their expenditures.
High-priced gas, usually being of more recent vintage, is more likely to

contain high take-or-pay provisions, reducing the incentive for pipelines to
sell older low-priced gas to distributors in place of high-price gas con-

tracted under take-or-pay provisions.




12

34

In addition to costs arising from take-or-pay provisions and other

contract terms, pipelines incur large fixed costs due to pipeline construction
maintenance, and operation.

These costs are also rolled into customer prices.

In fact, any costly venture can be potentially rolled into final consumer

prices.

For example, in the 1970s Panhandle Transmission Company and its

Trunkline subsidiary heavily invested in facilities to import liquified gas

from Algeria in anticipation of severe gas shortages in the 1980s.

13

In

addition, pre-construction costs from the Alaska gas pipeline venture and a

Wyoming synthetic fuel project led to large sunk costs.

No matter the

availability and price of domestic wellhead gas in coming years, Panhandle's

midwestern distributors and main line customers'will bear some of these
investment costs because regulatory agencies will allow Panhandle to raise
prices to achieve a fair rate of return on all investments, good and bad.

Distribution utilities usually have little choice in paying increased
pipeline prices.

First, distribution utilities themselves have often signed

contracts containing high "takes" from transmission pipelines.

Distributors

served by interstate pipelines have agreed to contract terms under the similar
duress of anticipated shortages in supply that interstate pipelines
experienced in the 197.0s.
One additional market feature enhances the ability of pipelines to

pass on price increases to distributors.

Unlike petroleum pipelines, gas

transmission pipelines are not common carriers.

Hence, even if distributors

are not hampered by high "takes" of expensive pipeline gas, they are not free
to purchase less-expensive gas directly from producers because their pipeline

connection may refuse transport of this gas at reasonable prices.
Distribution utilities pass through price increases to final consumers of

gas in much the same manner that distribution utilities pass through price




35

increases in wellhead gas.

State public utility commissions usually maintain

their own versions of PGAs to reflect ongoing price increases resulting from

increased wellhead costs.

Despite the apparent ability of pipelines and distributors to pass higher
costs on to consumers, many pipelines and distribution utilities worry about a
cost squeeze resulting from recent slack gas demand and rising producer
prices.

Price increases by utilities and pipelines can be met by consumer

resistance in both the market and political arenas.

14

For example, voters in

Michigan recently passed a ballot issue to abolish automatic fuel and gas
adjustment clauses and to limit the number of rate cases the commission can
hear at one time.

Legal challenges by consumer groups can delay or minimize

expected price hikes by gas pipelines as state public utility commissions

become reluctant to increase allowable rates in the face of consumer outrage.

Transmission pipeline companies may confront similar difficulties in rate
cases held before the Federal Energy Regulatory Commission.
In addition to unyielding regulatory commissions, pipelines and

distribution utilities can suffer from sudden declines in demand as natural

gas prices approach parity with residual fuel oil.

In particular, industrial

customers often switch to fuel oil when it becomes more economical than gas.

These consumption swings force utilities to spread the fixed portion of

delivery costs (and take-or-pay provisions) over fewer customers thus raising
the delivered price of gas further still.

However, the greater the price

elasticity of demand for natural gas, the greater the consumption swing to

utilities resulting from changing prices. In some instances, price increases
of any magnitude cannot preserve a profitable position for pipelines or
utilities as total revenues decrease with loss of volume.




36

Many distribution utilities are attempting to design rate structures to
limit load loss by discounting rates charged to those customers with the most
elastic demand.

Typically, discounts are offered to industrial customers to

discourage their switching from gas to alternative fuels such as fuel oil or

to prevent actual plant closings.^
the general public.

These discounts are often unpopular with

But to the extent these discounts maintain a utility’s

volume of gas deliveries, the discounts can limit price increases to all gas

customers by spreading fixed costs and the operating costs of utilities over a
greater volume of customers.

State and federal authorities are often

reluctant to approve these price schemes, however, because such
price-discrimination practices may maintain high gas volume by imposing
proportionately higher prices on politically sensitive consumers, especially
residential customers.

Although all gas customers are vulnerable to rising gas prices,

residential customers may have the most cause for concern.

Residential gas

demand is generally more inelastic in response to price rises because these

customers are less able to substitute alternative fuels to reduce energy

bills.

In contrast, some industrial users, such as industrial boiler

customers, can easily switch to alternative fuels in response to gas price
hikes.

As industrial customers switch to alternative fuels, typically

residual fuel oil, the fixed costs of pipeline and distributor operations are
increasingly borne by commercial and residential customers.
Issues in the Current Policy Debate

Recent price increases and speculation over price jumps accompanying 1985
decontrol have greatly expanded public discussion surrounding gas policies.

In addition to concern over the increasing burden of higher gas bills, concern
over NGPA-induced inefficiencies has grown.




The Reagan administration has

37

directed energy policy toward a greater free market orientation.

Those that

favor free market policies, including immediate decontrol of all natural gas,
point out the market distortions and inefficiencies that NGPA has cost the
nation.

One inefficiency arises from NGPA's decontrol of deep-well gas that has

created a so-called "market-ordering" inefficiency in production.

Insofar as

deep-well gas remains free from price controls at the same time that other gas

prices are capped, some production of high-cost deep-well gas is exploited in
place of low-cost gas.

For an equal output of gas, fewer of society’s

resources could be spent by extracting gas under a single-price scheme.
This inefficiency is aggravated by pipelines’ average cost pricing

practices which foster extra-marginal bidding on deep-well gas.

Pipeline

companies use cost savings derived from low-cost, long-term gas contracts for
old gas as a cushion to bid in the deep-gas market.

As a result, much of the

cost-savings resulting from price limits on older vintages of gas are used to
subsidize extensive production of deep-well gas rather than to lower average
gas prices to gas customers.
A second perceived inefficiency stems the from regional allocation of gas

supply under NGPA pricing.

Pre-NGPA regulation redirected regional gas

consumption by capping interstate prices while ignoring intrastate prices.

This diverted gas supplies to the gas producing regions of the South and

Southwest.

Pre-NGPA regulation allowed intrastate prices to rise and

plentiful intrastate supplies followed.
The NGPA alleviates supply shortages in interstate pipelines by several
methods.

First, NGPA caps intrastate gas prices thus diverting greater

available ■ supply to interstate markets.

Second, gas production from federal

land on the outer continental shelf can no longer be sold to intrastate




38

pipelines.

This limits supply to intrastate markets and increases available

supply in interstate markets.

disparities among regions.

Third, NGPA harbors gas price "cushion"

Those pipeline companies

that are in the fortu­

nate position of holding long-term contracts for cheap, old gas or that are
supplied by committed reserves of controlled interstate reservoirs hold a
larger price cushion to bid for decontrolled gas.

As a result, high-cushion

pipelines can supply greater quantities of gas to customers at a lower price.
To illustrate, consider two pipeline companies , A and B (Figure 3).

Suppose that both pipeline companies face the same customer demand and that

each company charges a single average price.

The pipelines differ, however,

in the amount of cheaper gas that was previously purchased under long-term
contracts at the old price Pqjj»

As shown in Figure 3, pipeline company A

receives the amount q° of old cheap gas in the present period while pipeline
a
company B can only buy cheap gas in the amount q°.

Any other gas supplied to

customers by pipeline companies must be purchased at the market-clearing,

decontrolled price Pnew«

To the extent that pipeline A averages a larger

quantity of cheaper gas into its price, it is willing to supply greater

quantities of gas at any given price.

Hence, Pipeline A’s average cost supply

schedule, AC , is lower than that of Pipeline B, AC, .
a
■
d

If pipeline companies

choose to purchase new gas up until the point where all customers are
satisfied with available gas at an average price, customers of pipeline A

receive total gas supply q

T
at the lower price P .
a
a

In contrast, if both

pipelines maintained the same cushion (the same amount of cheaper gas), gas

deliveries and price would be identical in regions served by pipelines A and

B.




Figure 3
Results of Inter-Regional Disparities in Quanities of
Price—Controlled Gas




V

\

40

Regional disparities in price cushions distort delivery, both between
intrastate and interstate pipeline areas and among interstate pipeline areas,

by directing supply to large-cushion regions.

Interstate pipelines tend to

hold greater price cushions than intrastate pipelines owing to a longer
history of regulation in that market.

pipelines can also be substantial.

The disparities among interstate

A 1981 Department of Energy survey reveals

that some interstate pipeline companies pay up to twice as much to acquire gas
compared to their counterparts with less expensive proportions of old, new,
and decontrolled gas.^
Although regional gas allocations are certainly redirected under NGPA
regulations, the NGPA allocation may well represent a significant improvement

over the pre-NGPA allocation.

Shortages and curtailments in gas delivery have

vanished from intrastate and interstate markets alike, though the present
recession and above-equilibrium gas prices may be largely responsible for the

current gas glut:.

The size of the old-gas cushion disparities between intrastate and
interstate pipelines will - increase under the present decontrol timetable.
Some categories of old intrastate gas are decontrolled in 1985 while old

interstate gas price controls remain, increasing the size of interstate

cushions of lower-priced gas.

To the extent that NGPA regulations distort the

free market location of gas delivery, advocates of accelerated decontrol argue

that-these inefficiencies should be removed to promote national economic

growth - and development.
Other advocates of accelerated decontrol point out that a potential
"fly-up" of gas prices in 1985 and beyond will throw gas-dependent commerce

into a tailspin.

As an alternative, accelerated decontrol will smooth out the

inevitable price hike, enabling commerce to more easily adjust to higher




41

prices over time.

In addition, accelerated decontrol will moderate future gas

price levels by bringing rational production incentives to producers.

For

example, one analyst forecasts that, in addition to smoothing price climbs
over the coming years, immediate decontrol will lower the eventual level of

prices confronting consumers by the latter 1980s.This assertion derives
from an estimated stifling of gas exploration under current NGPA guidelines.

Insofar as the NGPA decontrols wellhead prices for deep-well gas only,
companies explore and drill in some decontrolled fields with relatively lower

pay-offs in reserves than price-controlled fields.

As a result, lower

additions to gas reserves are estimated to ensue through 1985 under present
controls, raising the eventual price of natural gas.

Although some observers have advocated an acceleration of the NGPA
schedule since its inception, decontrol has gained recent momentum from the

current market conditions of slack demand and rising prices.

To the extent

that these market conditions indicate market prices above their
market-clearing levels, it is argued that accelerated decontrol can be

attained without a price increase to consumers.

To accomplish this end,

complementary legislation, such as permitting renegotiation of take-or-pay
contracts and amending PGA clause procedures, must accompany accelerated

decontrol.

At the same time that market inefficiencies have heightened the interest
of some observers for accelerated gas decontrol, others have increased their

support of continued controls under NGPA.

Some even go so far as to advocate

the extension of price controls beyond current NGPA mandates and the imposition of immediate price ceilings on all wellhead prices of natural gas.

18

It

is argued that consumers have suffered enough from recent gas price jumps.
The spectre of presently climbing residential and commercial fuel bills leads




42

to arguments that decontrol of gas awaits a future date, a date that is

approached by a long transition of gradually rising prices.

Views favoring

continued controls are largely based on the belief gas prices would indeed
rise under accelerated decontrol, much as prices have risen in the post-NGPA

era.

Whether or not the federal government moves to accelerate the NGPA
schedule of wellhead gas, other changes in regulatory policy will be con­

sidered to make the gas■industry more responsive to falling gas demand.

These

include conversion of interstate pipelines to common carrier status so that
distributors and main line customers can choose among alternative suppliers of
natural gas.

Federal legislation to lower the obligations of pipelines to

take delivery of high-priced gas under existing contracts presents another
possible remedy.

In addition, the incentive for pipelines to voluntarily

renegotiate existing contracts and discontinue practices of selling high-

priced gas to customers when low-priced gas is available may be established by
making it more difficult for pipelines to pass along cost-increases of
wellhead gas through PGA clauses.

Both federal and state government will also consider rate designs that
allow pipelines and distributors to offer discounts to large industrial users
and electric utilities who are on the verge of switching from gas to fuel oil
consumption.

In the absence of properly-designed rate structures, load loss

may foist a larger share of pipeline and distributor costs of gas delivery
onto commercial and industrial customers.

As an alternative method of

restraining price increases to residential and commercial customers in the
face of excess delivery capacity, state regulators may decide to lower the
rate of equity return to pipelines and distributors by limiting the size of

future rate hikes in gas prices.




IV.

The Market Outlook Under Natural Gas Decontrol

Predictions of equilibrium price and consumption of natural gas under

decontrol are uncertain for several reasons.

First, removal of NGPA price

ceilings alone will not remove current contract clauses that may be preventing

possible declines in short-term prices.

Hence, consideration of decontrol

pre-supposes complementary legislation to allow renegotiation for existing gas
production.

Above and beyond this, freeing the restraints of current

regulations including wellhead price ceilings, FUA use restrictions and
incremental pricing, releases countervailing forces on demand and supply which
are difficult to measure.

Despite the difficulty in untangling the complex knot of current
regulatory forces, free market prices of gas can be loosely tied to the price
of substitute fuels.

To the extent that natural gas substitutes for other

fuels, such as residual fuel oil, price estimates of gas can be aligned to

existing market prices of these fuels.

Insofar as world petroleum prices are

volatile, price estimates beyond the near term become increasingly poor.

In

the near term, however, these prices serve as a probable indicator of market
prices for natural gas.

Using the average energy-equivalent price of residual

fuel oil as a barometer, it is doubtful that average natural gas prices in the

U.S. and in Seventh District states would rise significantly in response to

accelerated gas decontrol.
Market Effects From Removal of Regulations
The effects of deregulation on gas consumption and price under

accelerated decontrol are somewhat uncertain for several reasons.

First, over

the past 40 years, tight regulatory controls distorted gas production,
delivery, and consumption.

As a result, recent experience cannot foretell the

behavior of buyers and sellers confronted by market signals to produce,




44

conserve, and switch consumption among alternative fuels.

Second, the pre­

ceding decade witnessed an enormous upheaval in energy markets due to
cartelization of the petroleum industry.

Both buyers and sellers are con­

tinuing to adjust to ten-fold price increases.

Moreover, insofar as the

prices of all energy products tend to move in unison, continued volatility in

world oil markets lends additional uncertainty to gas price forecasts.
Finally, the world economy lies amidst the deepest recession since the 1930s.
Concurrently, the booming energy industry has slumped.

strength of economic recovery remain uncertain.

Both the timing and

For these reasons, acceler­

ated natural gas decontrol may unleash market behavior that is accompanied by
either allied or countervailing market forces.

On the demand side of the market, gas decontrol will directly raise

demand by lifting remaining FUA restrictions on gas use by industries and

electric utilities.
quantity.

Generally, this would tend to raise market price and

In some regional markets, however, increased loads could spread

utility fixed costs over greater volume, actually reducing final prices in the

near term.
The elimination of incremental pricing to industrial customers will

encourage their consumption.

At the same time, however, elimination of

incremental pricing will tend to raise the price to residential customers,

discouraging gas consumption by this sector.

Depending on the elasticities of

demand and market shares among these groups of customers, lifting of FUA
provisions can either raise or lower the overall demand schedule for natural

gas.
In the past, regulatory provisions may have dampened gas demand in a less

direct fashion than by imposing use restrictions and incremental pricing.
Potential gas customers, especially industrial users, could not be assured of




45

adequate long-term gas supplies.

Price controls on wellhead gas foreshadowed

future shortages to users because producers might withhold gas from the market

in the event that controlled prices did not guarantee profits.

Wellhead price

controls also led to declining drilling activity and proven reserves, a

further warning of eventual shortages.

Insofar as residential customers

comprised a sizable market share, political realities indicated that shortages

would primarily impinge on industrial customers.

These market conditions,

along with direct user limitations on certain customers, indicate a present

pent-up, albeit uncertain, demand for natural gas by some industrial cus­

tomers.

While decontrol of the natural gas market will tend to raise demand,
market forces that reduce demand may coincide with decontrol.

The demand for

all energy sources—including natural gas—has tended to become more elastic

(it has fallen) in response to the sudden energy price rises of the 1970s.
the near-term, demand is inelastic or unresponsive to price increases.

In

As

time passes, however, buyers discover substitute goods (including conserva­
tion) for higher-priced commodities, and reduce demand in response to

increased prices.

This tendency occurs no less with energy than other goods.

Energy consumption declined by almost 4 percent from 1979 to 1980 and by
almost 3 percent from 1980 to 1981.

While it is difficult to ascertain the

extent to which current slack energy demand merely reflects a temporary

downturn in the world economy, the demand for gas may decline in response to

price increases of the past several years as energy conservation continues.
Similar to natural gas demand, the supply of natural gas can either
increase or decrease in response to decontrol.

positively to price increases.

Generally, supply responds

As the wellhead price of gas rose over the

1970s, however, evidence suggests that the supply response was generally




46

disappointing despite tremendous exploration and drilling activity.

From 1974

to 1981, the domestic average wellhead price of gas increased by over

eight-fold from 21.6 cents to $2.06 per thousand cubic feet, greatly exceeding
the rate of increase of overall prices.

In response to these price

incentives, new domestic gas well completions more than doubled from 7,240
wells in 1974 to 17,894 wells in 1981.

Unfortunately, the average production

capacity of new gas wells has greatly diminished over the past decade.
Additions to proven reserves have not kept pace with current production,

contributing to a declining stock of proven domestic gas reserves of almost 15
percent over the same period.

Although rising average wellhead price levels have not halted declining

domestic reserves, price structure rather than price level may be the cause.
Much of the observed increase in average price over the past few years

reflects the decontrolled price of deep-well gas which has climbed as high as
$10 per thousand cubic feet in comparison to regulated wellhead rates for new

shallow gas of only $2-3 per thousand cubic feet.

By encouraging exploration

of deep-well gas at the expense of other gas, NGPA may have lessened the

reserve payoff per average dollar of exploratory activity.
On the other hand, wellhead price ceilings on older vintages of gas have

stimulated overall production and exploration by channelling price savings of
pipelines from price-controlled purchases into price bids for deep-well gas.

Inasfar as transmission pipelines roll controlled gas prices into average
prices,, pipelines use the difference between average and controlled prices to

bid higher prices for decontrolled gas, stimulating production of these
categories.

For example in Figure 4-a, the domestic supply curve of gas is

represented by the marginal cost schedule, MC, of wellhead producers.




For

47

simplification, this schedule is composed of only two types of gas, controlled
gas and decontrolled deep-well gas,

A kink occurs in the MC schedule at price

Pc where controlled gas is not forthcoming at higher general price levels

because price controls render further production of this class of gas

unprofitable.
Beyond quantity q£, production'only represents the supply of decontrolled
deep-well gas.

Transmission companies attempt to fill desired demand at

average cost along the schedule AC where average cost at any quantity is a
price-weighted average of controlled gas and decontrolled gas.

This average

cost is represented below in equation (1):

(i) ac = pcqc + pd(q§_qc)

where pc is the average ceiling price of gas and qc the quantity of gas

forthcoming at the ceiling price.

The symbol p^ represents the price of

decontrolled gas and q*-qc the production from wells not under control.

These

latter amounts are assumed to be determined by competitive market behavior.

The price of decontrolled gas, pc, at any equilibrium quantity, such as q*,
can be read off the MC schedule.

Only at a price, such as p^ will additional

gas, q* - qc be forthcoming to satisfy consumer demand at the average price,

v
Total market deregulation will influence gas supply by moving toward a
more uniform price for all gas.
respects.

This will affect price and quantity in two

First, the average cost schedule will tend to coincide with the

marginal cost schedule at the present position of the MC line in figure 4-a.

Insofar as transmission pipelines no longer can use price cushions on

controlled gas to bid high prices on decontrolled gas, the price of deep well
gas will fall from pc to pc along the MC schedule to the intersection of




Figure 4

The Price Impact of Average Cost Pricing in the Presence of NGPA Price Ceilings

(a)

(b,




Pa = average price of gas in equilibrium under NGPA.
Pu = post-decontrol equilibrium price of gas if production of formerly-controlled
NGPA categories of gas remain constant after decontrol.
p' = post-decontrol price of gas assuming increased production of NGPA
categories that were formerly controlled.
q' = post-decontrol production of gas assuming increased production of
NGPA categories that were formerly controlled.
qu = post-decontrol production of gas if production of formerly-controlled
NGPA categories of gas remain constant after decontrol.

49

demand and ■ marginal cost while the price of decontrolled gas, pc> will rise to
the same unified price, p^.

to fall from q* to q^.

At the same time, marketed production will tend

On average, price has increased from p& to p^ and

production has declined from q* to qy.

As a second countervailing force,

however, the marginal cost schedule will tend to push further to the right as
the production of additional old shallow-well gas becomes profitable and

enters the market at a price higher than p£.

This is illustrated by a

rightward extension of the MC schedule beyond its present kink in Figure 4-a
to a position represented by the line MC'=AC’ in Figure 4-b.

Supply increases

will tend to lower average price to p’ and increase production to q*.
As constructed in figure 4-b, total market decontrol lowers average price

from pa to p* and increases marketed production from q* to q* .

These results

depend on optimistic assumptions concerning increased production of

newly-decontrolled categories of natural gas.

If, on the contrary, the new

market supply schedule, MC’=AC’, shifts outward to a much smaller degree, the

average price of natural gas will rise and production fall in the
post-decontrol period.

This latter scenario may be more likely in the period

following deregulation because a time lag may exist between the time of

deregulation and the time when exploration and drilling of price-decontrolled

wells start producing.

Nevertheless, increased supplies of newly-decontrolled

gas may immediately follow regardless of exploration-production lags if well
owners are withholding gas production in expectation of price decontrol.

The Price Effects of Decontrol on Average Price in the Seventh District
Despite the many market complications, some observers believe that the
price of gas will eventually settle at an energy-equivalent price of a close

substitute, residual fuel oil.




19

Low-sulfur residual fuel oil and its

50

residential counterpart, home fuel oil, substitute for natural gas as general

boiler fuel for producing heat.

Homes and commercial buildings burn both gas

and fuel oils for space heat; electrical utilities burn them to generate

turbines, manufacturers use both as a steam boiler fuel, and some industrial
users substitute either fuel for process heat equipment.

If fuel oil prices

remain in excess of gas prices to some final consumers, decontrol may be
accompanied by substitution of natural gas for oil up to the point where gas

prices are bid up to parity with oil at the burner tip.

In many regions of

the U.S., recent gas price increases have led to switching of fuel oil for gas

by industrial users and electric utilities.

On average, however, the national

price of gas at the burner tip presently remains below residual fuel oil.
The extent that gas price will approach parity with fuel oil under

accelerated decontrol crucially depends on the ability of gas to economically

replace fuel oil..

Potential customers may realize large costs in converting

to gas burning facilities.

If these costs are small enough so that some

conversion to gas still occurs, the end-user price of gas must remain below
fuel oil price to compensate new customers for conversion costs.

Gas prices

and consumption will rise but not to parity with fuel oil.

In the cost extreme, gas might not physically substitute for fuel in

enough applications to raise gas price or consumption to any significant
degree.

For example, within the transportation sector, gas cannot currently

replace oil in most uses because the internal combustion engine cannot yet
efficiently burn natural gas.

If the transport sector were the only energy

sector, the demand for gas would remain low relative to supply.

gas price would lie below fuel oil on an energy-equivalent basis.

Consequently,
In those

end-use categories of transport that were capable of burning gas, the low gas




51

price would induce gas conversion and completely crowd petrol use out of these

sectors.
In contrast, if enough end-users can quickly and easily switch from fuel

oil to natural gas upon decontrol, natural gas may rise to complete parity

with fuel oil.

Under this scenario, gas market decontrol eliminates excess

demand for gas by allowing producer and consumer prices to rise.

As prices

rise, some greater production ensues from high-production-cost producers.

At

the same time, higher prices ration greater available supplies to those
Buyers bid up gas

customers who are willing and able to pay market prices.

prices to oil price ' parity because it is economical to do so if gas prices
remain below oil parity.

In the short-term, there is even a possibility for natural gas prices to

overshoot residual fuel oil prices.

If certain classes of customers reduce

gas consumption in response to either recessionary business conditions,
moderate weather conditions, or to past price increases that encourage

conservation of energy, local utilities and transmission pipelines may attempt
to spread fixed costs over remaining volume by raising retail prices.

Price

levels that cover total utility costs may subsequently exceed the costs of
alternative fuels, such as residual fuel oil.

Short-term inelastic demand of

certain classes of customers, such as residential customers, will prevent loss

of the entire market and sustain higher-than-equilibrium price levels.
1 1




: t;('" foil ovi r o rb i •

,

+

i

*

■

52

moderate future price levels to all customers by preventing fuel-switching by
some categories of gas users.

From 1960 to 1972, the energy-equivalent prices of residual fuel oil and

natural gas remained close to parity.

Estimated gas price actually exceeded

fuel oil price for several years in the mid-1960s (Figure 5).

Over the last

few years, however, the latest OPEC-induced price hike, along with domestic
oil decontrol, have caused the price of residual oil to pull away from natural
gas.

Although this gap . has narrowed recently because of softening oil prices

and rising gas prices* the domestic price ' of residual oil remained almost 39

percent above the energy equivalent price of natural gas in 1981.
In the recent past policymakers have become concerned that gas price

decontrol would sharply lift gas prices to parity with residual fuel oil.
This suggested that decontrol be phased in gradually to defuse large and

sudden price hikes.

Recent evidence indicates that the sharp gas price hikes

to fuel oil price parity no longer lie at issue, except those that may arise

from indefinite price escalator contract clauses, because gas prices have
already soared beyond expectations.

In the Northeast Region (Maine, New

Hampshire, Vermont, Massachusetts, Rhode Island, Connecticut, New York, New
Jersey, and Pennsylvania), for example, natural gas price has settled at

parity or above for the last two years.

20

In other regions of the country, a

confluence of recent events brought gas prices close to parity with fuel oil

without natural gas decontrol.

The world recession has contributed to de­

clining demand for all energy materials.

While this has brought fuel oil

prices tumbling down in recent months, gas■prices have continued to climb.

Climbing gas prices can potentially result from large fixed costs facing
utilities.

As volume declines, these costs are spread over remaining

customers.

Somewhat unique to the U.S. gas industry, these fixed costs




FIGURE 5
ESTIMATED PRICE OF RESIDUAL FUEL OIL AND NATURAL GAS, 1960—1981

X.OXJUJ J3C3_i_jcca:co\xxa«-^

TEAR
GAS“DIRMOND
OIL=STAR
SOURCE:AMERICAN GAS ASSOCIATION AND U.S.D.0.E.. STATE



PHYSICAL UNIT DATA BASE. TABLE P-3

Table VII
Estimated Parity Prices of Natural Gas and No. 6 Residual Fuel Oil

1981
Gas Price
($/mmbtu)
(dollars)

Illinois
Indiana
Iowa
Michigan
Wisconsin
U.S.

3.66
3.26
3.45
3.70
4.19
3.66

Fuel Oil Price3
($/mmbtu)
(dollars)
5.17
5.17
5.17
5.17
5.17
5.17

Percent difference
in Natural Gas Price to
Parity with Fuel Oil
(percent)
41
59
50
40
23
41

August, 1982

Illinois
Indiana
Iowa
Michigan
Wisconsin
U.S.

SOURCE:

4.46C

3.97
4.21
4.51
5.11
4.46

4.52
4.52
4.52
4.52
4.52
4.52

1
14
7
—
(-12)
1

American Gas Association and the U.S. Dept. of Energy.

aSource; DOE/EIA-0035 (82/12).

The conversion factor for No. 6 residual

fuel oil is 6.287 MMBTU/Barrel.
This monthly average is reported from the source as national average
retail residual fuel oil price, DoE/EIA-0035 (82/12). Again, it is assumed
that residual fuel oil sells for the national average price in all states.

^This column assumes that each regional 1981 gas price climbed to
parity to fuel oil, i.e. (column 2—column 1)/column 1.

c

The August, 1982, average retail price to all customers is
estimated as follows. All 1981 regional figures are expanded by national
percent Increase in average residential gas heating prices between the month of
August, 1982, and the year 1981. Average residential heating prices are sampled
by the Department of Commerce and reported in DOE/EIA-0035.




55

reflect "take-or-pay" contract provisions between pipelines and producers,
forcing pipelines to purchase gas they cannot profitably sell.

Also,

long-term contracts lock buyers into rising allowable ceiling prices under
Market price adjustment to equilibrium under current arrangements

NGPA.

appears to be slow.
Within the Seventh Federal Reserve District region, it is estimated that

if natural gas prices had risen to parity with residual fuel oil in 1981,
price jumps would have varied between 23 percent in Wisconsin to 59 percent in

Indiana (Table VII).

As a result of climbing gas prices and falling fuel oil

prices, much smaller price jumps in natural gas would have had to occur by
August, 1982, to achieve fuel oil parity.

In fact, estimates reveal that some

average gas prices in Wisconsin may already exceed parity with fuel oil.
portends large price increases to some residential consumers.

This

As industrial

customers switch to fuel oil, residential customers who have invested in gas

heating furnaces may come to bear a greater portion of utility fixed costs.
Conclusion

Insofar as natural gas prices have already approached approximate parity
with fuel oil within Seventh District states, accelerated decontrol of natural
gas would have limited , negative impact, on average, in this region.

Of

course, intra-regional variation in natural gas prices to consumers suggests
that higher gas prices would accompany accelerated decontrol in some areas

while lower gas prices would prevail in others.

Moreover, prevention of

general gas price increases under accelerated decontrol can only be accom­
plished with complementary state and federal regulation.

At the federal

level, damaging contract provisions entered into during the past decade,
including take-or-pay provisions, must be amended to lessen pipeline costs of

holding unsold gas.




56

At the state level, public utility commissions need to evaluate potential

rate structures of public utilities that discount gas prices to certain

categories of customers.

Without such rate spreads in final gas prices or

reductions in equity returns to - utilities, residential customers may come to

bear excessive final prices for natural gas as possible load loss increases

the residential share of utility operating costs.

This concern is critical to

residents of Seventh District states, who largely depend on natural gas for
home-heating purposes.

VIII.

Conclusion

Past public policy actions attempted to balance the merits of controlling
prices to certain classes of natural gas consumers against the merits of

developing gas resources for the benefit of future customers and some present
energy users.

In the process, resulting market inefficiences in gas produc­

tion cost the nation in overall national income.

Recent NGPA regulations do

not appear to have alleviated these costs to any significant degree and many
analysts have argued that recent regulations have actually exacerbated produc­

tion inefficiences.

Although arguments of those supporting accelerated market

decontrol were persuasive, the spectre of sudden gas price jumps caused by
unexpected OPEC oil price increases contributed to delays in accelerating the
price decontrol timetable.

Npw, the events of worldwide recession, climbing gas price ceilings, and
post-NGPA contract provisions that ratchet gas prices to highest allowable
rates, have conspired to raise natural gas prices to approximate parity with

residual fuel oil in both the region and the nation.

With some caveats,

immediate natural gas decontrol would not lift prices much beyond




57^
a?
their current levels.

As one caveat, some existing contract terms between

transmission pipelines and wellhead producers stipulate that contract price on

gas jump to the highest price being paid 'on similar gas at the time of
decontrol.

To the extent that these priftes lie above equilibrium, pipelines

would attempt to pass greater costs onto’ffconsumers, especially if
producer-pipeline contract provisions inlUuded "take-or-pay" provisions on

wellhead gas.

Thus, accompanying Congressional amendment permitting

renegotiation of current contract terms and other regulatory features of the

NGPA would be necessary to forestall immediate and temporary price shocks

arising from market decontrol.

These same regulatory revisions must be

considered regardless of any acceleration of the NGPA decontrol schedule so

that the gas market can respond to declines in consumer demand.
State regulation of public utility pricing practices are also critical in

preventing accelerated decontrol from resulting in higher price levels.

State

public utility commissions should consider rate spread structures that allow
local gas utilities to discount prices to industrial customers.

Such rate

structures may be necessary to prevent price increases to residential
customers that result from loss of utility volume*.

However, these rate

structures can also raise prices to residential customers under some circum­

stances if they are not'warranted or if they are not properly designed.
While the five Seventh District states are more dependent on natural gas

than other states, Seventh District prices appear to equal the nation’s

average.

In the absence of expected absolute or relative price rises, the

region need not fear any added competitive disadvantage from decontrol.

This

is not to say that gas prices will not rise anywhere within Seventh District
states.

Some prices will rise and others will fall.

Some firms with fragile

profit positions may suffer from the moderate price increase that may ensue




58

with accelerated decontrol.

Others will benefit from lower prices that result

from removal of take-or-pay provisions in contracts between pipelines and
producers.
In contrast to the mid-1970s, supplies of natural gas to Seventh District
firms and industries are plentiful.

NGPA provisions increase available supply

to interstate pipelines at the expense of intrastate pipelines serving gas-

producing regions.

Although this would seem to give a competitive advantage

to the Midwest region in securing industrial supplies of gas, other features

of the regulated gas market have left excess supplies in every region at

current prices.

Similarly, price ceilings favor interstate pipelines because

these pipelines control relatively larger stocks of gas at controlled ceiling
prices.

Nevertheless, other market features have led to price levels in the

Seventh District that do not differ from the national average.
At best, the Seventh District receives only short-term and small advan­

tages over other regions from the overall structure of national gas policy.
These benefits are not justified by the absolute damage caused by NGPA to the

natural gas market and the nation's overall energy policy.

By increasing the

nation's productive efficiency in gas production, accelerated decontrol can

aid the region by securing adequate future supplies at reasonable costs,

increasing national income, and pressuring world energy markets into
submission toward lower prices.

In this regard, bringing rationality to

national energy markets presents a modest but effective Midwest development
policy ,in reviving this older industrial corridor.




59

FOOTNOTES
*See The Current State of the Natural Gas Market,Part I, DOE/EIA-0313,

U.S.G.P.O., Washington, D.C., December, 1981, pg. 68.
2

This history borrows heavily from The Current State of the Natural Gas
Market, ibid.

3

Phillips Petroleum Company v. Wisconsin, 347 U.S. 672 (1954).
AIbid, DOE/EIA-0313, Pg. 10.

“See Appendix I for exact classifications and scheduled decontrol.
g
Recent trends indicate that the actual figure will lie closer to 60
percent or more.
See Analysis of Economic Effects of Accelerated Deregulation
of Natural Gas Prices, DOE/EIA-0303, August, 1981, for estimates under a
variety of assumptions concerning the 1985 statutory and regulatory
environment.
For estimates of controlled quantities of natural gas through
1990, see The Current State of the Natural Gas Market, Part I, Table II.

?See The Current State of the Natural Gas Market, Part II, for an
extensive discussion of recent contract terms and their implications.
For contract quantities covering post-NGPA wells, contracts covering
approximately 59 percent of contract volume of post-NGPA wells have
deregulation classes, ibid, p. IX.
g
More recent trends are toward "market out" provisions in new gas con­
tracts. Market-out provisions permit the buyer to cancel contracts if the gas
delivery is not marketable at redetermined prices.

9
These figures and those that follow may be found in the Monthly Energy
Review, DOE-0035(83/01), January, 1983.

lOlbicl. Part II, page. 41.
^On December 30, 1982, the FERC ruled that Columbia Gas Transmission

Corp. must refund $100 million■or more to customers residing in Northeastern
states because the pipeline had purchased excessive quantities of high-priced
gas while reducing purchases of cheaper gas.

12

If a pipeline takes delivery of gas, it can promptly pass the costs
along to consumers through a PGA.
If not, the pipeline must recover these
costs later in a rate increase. If a pipeline must choose between delivery of
a low-priced and high-priced shipments covered by take-or-pay agreements, it
may choose delivery of high-cost gas and suffer prepayments on the low-priced
gas in order to preserve cash flow. Nevertheless, it is not certain that
pipeline profits are always maximized by such a choice*.

13

See "Panhandle Eastern: A gas-shortage gamble is blowing up in its
facie", Business Week: May 24, 1982, pp. 106-110.




60

Fifteen midwestern gas utilities, 28 Michigan industrial concerns, and
prominent political leaders from Michigan and Ohio have petitioned FERC to
rescind Panhandle’s authorization to purchase Algerian LNG. Even if this
petition proves successful, a loss of over $500 million in a Louisiana
unloading facility will be borne by customers and possibly by shareholders.
Consumer groups have also criticized FERC for approving transmission pipeline
rate increases without close scrutiny of rate hike justification.
Insofar as these companies can easily pass along cost increases to local
utilities via PGAs, it is contended that pipelines have little incentive to
bargain for cheap wellhead prices or to economize on careful long-term supply
planning.
In response, FERC has stated that it will review future PGAs with
closer scrutiny. This suggests that shareholders of pipeline utilities may
come to bear greater risks from investment ventures and wellhead contract
negotiations.

l^For example, Northern National Gas Company of Omaha has asked the FERC
for approval on price breaks to Iowa fertilizer (anhydrous ammonia) producers
who face shutdowns in plant operations because of natural gas price hikes.
See "High Natural Gas Prices Cripple Iowa Fertilizer Industry”, Des Moines
Register, October 10, 1982.
Among Seventh District states, fuel switching appears to be most severe
in Wisconsin. Wisconsin Gas Company began charging prices higher than that of
residual fuel oil on November 1, 1982. See "Feared shift to oil may be bad
news for gas customers", Milwaukee Journal, Section 2, pg. 1., October 3,
1982.
16Ibid., DOE/EIA-0313, Pg. 66.
l^See Paul W. MacAvoy, "The Time to Deregulate is NOW", New York Times,

September 26, 1982, pg. 73.

18

Numerous bills that placed new lids on wellhead prices were introduced
into the post-election session of the 97th Congress. None were enacted into
law.
19

For example, see Robert A. Leone, "Natural Gas Decontrol and the
Northeast Economy", paper presented . at the Western Economic Association
Meetings, July, 1982.

20

See Kalt, J., Lee, H., and Leone, R.A., Natural Gas Decontrol: A
Northeast Industrial Perspective, Energy and Environmental Policy, Harvard
University, Cambridge, 1982.
The authors suggest that decontrol can only help the Northeast region by
eliminating the energy cost advantage of other regions.




APPENDIX I
Natural Gas Policy Act Maximum Gas Ceiling Prices

Section
of Act

Ceiling
Description

January 1983
Ceiling Prices
Date of
Per Million
Btu
Deregulation

New Natural Gas

102

$1.75 as of 4/20/77
plus monthly inflation
and inflation and
escalation adjustments

$3.299

1/1/85

- New onshore wells at least 2.5 miles from
nearest marker well or at least 1,000 feet
deeper than any completion within 2.5
miles.

1/1/85

- New onshore reservoirs

1/1/85

- New Outer Continental Shelf (offshore)
leases effective on or after 4/20/77.

Not Deregulated

- Reservoirs discovered after 7/27/76
on old offshore (OCS) leases

New Onshore Production Wells

103

$1.75 as of 4/20/77 plus
monthly inflation
adjustments




Gas Category

$2.722

- Wells with surface drilling starting
after 2/19/77, satisfying applicable
Federal or State well-spacing require­
ments and that are not within a pro­
ration unit

el/l/85

- gas from wells deeper than 5,000 feet

e7/l/87

- gas from wells shallower than 5,000
feet

APPENDIX I (Continued)

Natural Gas Policy Act Maximum Gas Ceiling Prices

Section
of Act

104

Ceiling
Description

January 1983
Ceiling Prices
Per Million
Btu

Date of
Deregulation

Gas Category

Gas Dedicated to Interstate Commerce Before the NGP Enactment Enactment (11/9/78)

$2.254
the just and reasonable
price as of 4/20/77 plus
monthly inflation adjustment

b$l.908

Not Deregulated

- Post-1974 gas

Not Deregulated

- 1973-1974 Biennium gas

Not Deregulated

- Flowing gas

Not Dregulated

- Certain Permian Basin Gas

Not Deregulated

- Certain Rocky Mountain Gas

Not Deregulated

- Certain Appalachian Basin Gas

Not Deregulated

- Minimum Rate Gas

c$1.459

b$ .539
C$ .424

b$ .640
c$

.562

b$0.640
c$0.539

b$0.508
c$0.475

1$0.280

Gas Sold Under Existing Intrastate Contracts

105

The lower of (a) the contract
price under the contract terms
as of 11/9/78 (b) the Section
102 price.
The higher of (a) the contract

price as of 11/9/78 plus monthly
inflation adjustment and (b) the
Section 102 price



f1/1/85

f1/1/85

- If contract price was less than
$2.078 on 11/9/78

- If the contract price was more than

$2.078 on 11/9/78

APPENDIX I (Continued)

Natural Gas Policy Act Maximum Gas Ceiling Prices

Section
of Act

January 1983
Ceiling Prices
Per Million
Btu

Ceiling
Description

Date of
Deregulation

Gas Category

Sales: of Gas Under "Rollover" Contracts

106

The higher of (a) the just
and reasonable price as of
the rollover date plus
monthly inflation adjustment
and (b) $.54 as of 4/77 plus,
monthly inflation adjustment
The higher of (a) the price

$ .837

8$i.553

Not Deregulated

^1/1/85

- Interstate

- Intrastate

paid under the expired con­
tract as of the rollover date
plus monthly inflation adjust­
ment or (b) $1.00 as of 4/77
plus monthlj,inflation
adjustment.
High Cost Natural Gas

107




Section 102 price or higher
incentive price.

market price

11/1/79

- Gas produced from wells 15,000
feet or deeper drilled

Otherwise applicable
or higher incentive price

market price

11/1/79

- Gas produced from geopressured
brine, coal seams and Devonian
Shale

$5.444

Not Deregulated

- Gas produced from tight sands

Section 109
price

Not Deregulated

- Qualified production enhancement (only for 105 gas)

APPENDIX I (Continued)

Natural Gas Policy Act Maximum Gas Ceiling Prices

Section
of Act

Ceiling
Description

January 1983
Ceiling Prices5
Per Million
Btu

Date of
Deregulation

Gas Category

Stripper Well Natural Gas

108
$2.09 as of 5/78 plus
monthly inflation and .
escalation adjustments

$3.535

Not Deregulated

- Nonassociated natural gas produced at an
average rate less than or equal to 60,000
cubic feet per day over a 90 day period

Other Categories of Natural Gas

109
$1.45 as of 4/77 plus
monthly inflation adjustment

$2,254

Not Deregulated

- Prudhoe Bay gas
- Gas not otherwise covered

0

Beginning 1/1/85, gas from wells shallower than 5,000 feet receive a price midway between the price specified
by this formula, and the 102 price.

^Small producers - independent producers not affiliated with a Class A natural gas pipeline company whose total

jurisdiction sales on a national basis, including those by affiliated producers, do not exceed 10 Btu on a 14.73
pressure basis.

Q
Large producers - producers that are not small producers.
^Ceiling prices may be raised if just and reasonable.
Interstate production from 103 wells on dedicated acreage committed on 4/20/77 is not deregulated.

^If contract price exceeds $1.00 by 12/31/84, except a price established under an indefinite price

escalator clause.
®0r expired contract price, whichever is higher.
^If the price is more than a dollar on 12/31/84.




^Natural gas production in which a state government or an Indian tribe has royalty or other
interest is to receive the Section 102 price if it was not committed to interstate commerce
on 11/8/78.
^High-cost gas provisions elective, i.e., do not apply if special tax provision are
utilized.
k

These prices have been escalated monthly, in addition to the inflation adjustment factor,
by 3.5 percent annually.
Starting April 1981 they escalated by 4 percent annually.
^Dollars per thousand cubic feet.

SOURCE:

The Current State of the Natural Gas Market, Part I, EIA/DOE and U.S. Federal
Energy Regulatory Commission, Docket No. RM80-53, (Issued Oct. 21, 1982).




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