[Federal Register: June 14, 1999 (Volume 64, Number 113)]
[Notices]               
[Page 31848-31849]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14jn99-52]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. RP99-330-000]

 
United Gas Services v. K N Interstate Gas Transmission Co. and K 
N Energy, Inc; Complaint

June 8, 1999.
    Take notice that on June 4, 1999, pursuant to Rule 206 of the 
Commission's Rules of Practice and Procedure, 18 CFR 385.206, Consumer 
Services Association, Inc. d/b/a United Gas Services (United) tendered 
for filing a complaint against K N Interstate Gas Transmission Co. 
(KNI) and K N Energy Inc. (KNE).
    United States that on December 16, 1998, KNI declared a 
``unauthorized overrun period.'' The period extended from December 18, 
1998 through December 27, 1998. A second unauthorized overrun period 
was declared for January 2-5, 1999.
    United asserts that at about the time NKI declared the December 
unauthorized overrun period, Mr. Will Meehl of KNE contacted United 
about an anticipated temperature-induced

[[Page 31849]]

increase in demand for ``Type I Customers'' under KNE's Supplier Choice 
Program in Nebraska. KNE requested United to increase to ``75% of peak 
load'' United's nominated volumes to delivery points on the KNI system 
connection to local distribution facilities of KNE. United indicates 
that it promptly complied with this request, and Mr. Meehl subsequently 
advised United that KNE was ``satisfied'' with United's response and 
with the level of United's nominations.
    United asserts that in January 1999, in the ordinary billing cycle, 
United received from KNI an invoice for December 1998 transportation 
service. Subsequently, United asserts that it received an invoice in 
February 1999 KNI for $199,182.00 in unauthorized overrun penalties 
plus additional authorized overrun penalties and out-of-path penalty 
charges for allegedly overdelivering volumes during the designated 
unauthorized overrun periods in December 1998 and January 1999. United 
asserts these charges were unjust and unreasonable, since they were 
based on after-the-fact allocations made by the point operator, KNE, 
which is a KNI affiliate, and were pursuant to an allocation agreement 
that United had no notice of. United also assert that the doctrine of 
estoppel should bar these penalties in any event, since assurance and 
been given that United's nominations during the overrun period were 
satisfactory.
    Any person desiring to be heard or to protest said complaint should 
file a motion to intervene or protest with the Federal Energy 
Regulatory Commission, 888 First Street, NE, Washington, DC 20426, in 
accordance with Rules 214 and 211 of the Commission's Rules of Practice 
and Procedure 18 CFR 385.214 and 385.211, All such motions or protests 
should be filed on or before June 24, 1999. Protests will be considered 
by the Commission to determining the appropriate action to be taken, 
but will not serve to make protestants parties to the proceeding. Any 
person wishing to become a party must file a motion to intervene. 
Copies of this filing are on file with the Commission and are available 
for public inspection. This filing may be viewed on the web at http://
www.ferc.fed.us/online/rims.htm (call 202-208-2222 for assistance). 
Answers to this compliant shall be due on or before June 24, 1999.
Linwood A. Watson Jr.,
Acting Secretary.
[FR Doc. 99-14985 Filed 6-11-99; 8:45 am]
BILLING CODE 6717-01-M