[Federal Register: November 12, 1998 (Volume 63, Number 218)]
[Notices]               
[Page 63308-63309]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12no98-59]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. CP99-37-000]

 
Town of Colorado City, Arizona; Notice of Petition for 
Declaratory Order

November 5, 1998.
    Take notice that on October 27, 1998, the Town of Colorado City, 
Arizona (Colorado City), P.O. Box 70, Colorado City, Arizona 86021 
filed a petition for the declaratory order addressing the question of 
the Commission's jurisdiction over Questar Gas Company (Questar) as it 
relates to Questar providing a natural gas transportation service for 
Colorado City, all as more fully set forth in the application on file 
with the Commission an open to public inspection.
    It is stated that Colorado City is in the process of establishing a 
municipal gas distribution system to serve residential, commercial and 
industrial customers. It is asserted that Colorado City has determined 
that it can obtain natural gas supply from sources outside of Arizona 
and have the gas transported by interstate pipelines. Colorado City 
states that it has requested Questar to transport gas from its system 
in Utah to an interconnection, located in Hurricane, Utah, with the 
facilities of the City of Hildale, Utah (Hildale). It is explained that 
Colorado City has an agreement with Hildale for transportation to 
Hildale, Utah, which is located on the Arizona border. Colorado City 
asserts that Questar presently transports gas from interstate sources 
to the Hildale Electric Power Plant, an end-user. It is explained that 
Colorado City sent a letter December 7, 1998, to Questar requesting 
transportation service to Hildale for use in Colorado City's 
distribution system in Arizona. It is further explained that Questar 
refused this request in a letter sent on January 5, 1998, stating that 
Questar is not in the business of transporting gas for resale.
    In this petition, Colorado City requests that the Commission issue 
a declaratory order which addresses the question of whether the 
Commission has exclusive jurisdiction to order Questar to provide an 
interstate transportation service through its pipeline facilities in 
Utah to Colorado City's facilities in Arizona.
    Colorado City requests a determination as to whether Questar's 
refusal to provide such a service is in violation of the Commission's 
Regulations in light of Colorado City's assertion that Questar is 
transporting similar gas for use in a municipal electric plant. 
Colorado City requests a determination as to whether it can file an 
application under Section 7(a) of the Natural Gas Act requesting the 
Commission to compel Questar to provide the requested service.
    Any person desiring to be heard or to make any protest with 
reference to said application should on or before November 27, 1998, 
file with the Federal Energy Regulatory Commission, Washington, D.C. 
20426, a motion to intervene or a protest in accordance with the 
requirements of the Commission's Rules of Practice and Procedure (18 
CFR 385.214 or 385.211) and the Regulations under the Natural Gas Act 
(18 CFR 157.10). All protests filed with the Commission will be 
considered by it in determining the appropriate action to be taken but 
will not serve to make the protestants parties to the proceeding. Any 
person wishing to become a party to a proceeding or to participate as a 
party in any hearing therein must file a motion to intervene in 
accordance with the Commission's Rules.
    Take further notice that, pursuant to the authority contained in 
and subject to the jurisdiction conferred upon the Federal Energy 
Regulatory Commission by Sections 7 and 15 of the Natural Gas Act and 
the Commission's Rules of Practice and Procedure, a hearing will be 
held without further notice before the Commission or its designee on 
this application if no motion to intervene is filed within the time 
required herein, if the Commission on its own review of the matter 
finds that a grant of the

[[Page 63309]]

certificate is required by the public convenience and necessity. If a 
motion for leave to intervene is timely filed, or if the Commission on 
its own motion believes that a formal hearing is required, further 
notice of such hearing will be duly given.
    Under the procedure herein provided, for unless otherwise advised, 
it will be unnecessary for Colorado City to appear or be represented at 
the hearing.
David P. Boergers,
Secretary.
[FR Doc. 98-30171 Filed 11-10-98; 8:45 am]
BILLING CODE 6717-01-M