[Federal Register: February 17, 1999 (Volume 64, Number 31)]
[Notices]               
[Page 7869]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17fe99-81]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. RP99-221-000]

 
Consumer Services Association, Inc. d/b/a United Gas Services vs. 
Utilicorp United, Inc. d/b/a Peoples Natural Gas Company; Notice of 
Complaint

February 10, 1999.
    Take notice that on February 5, 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 (UGS) tendered for 
filing a complaint against Utilicorp United, Inc. d/b/a Peoples 
National Gas Company (Utilicorp) regarding capacity release conditions 
on Northern Natural Gas Company's (Northern) system.
    UGS executed a Marketer Agreement with Utilicorp (the Agreement), 
and became an approved participant in Utilicorp's Energy Options 
Program. UGS entered into prearranged capacity release transactions 
with Utilicorp pursuant to which UGS acquired a portion of Utilicorp's 
firm capacity on Northern. UGS has utilized the firm transportation 
capacity on Northern's pipeline system to serve customers under the 
Energy Options Program.
    UGS determined that because of unseasonably warm weather it would 
not require all of the released firm capacity on Northern held by UGS 
and therefore decided to provide service to Lincoln Regional Center 
(LRC) in Lincoln, Nebraska. LRC is not a participant in the Energy 
Options Program.
    UGS was informed that Utilicorp would not permit UGS to utilize its 
firm capacity on Northern to nominate gas for receipt into Utilicorp's 
local distribution system to provide service to a non-Energy Options 
Program customer. UGS contends that Utilicorp has violated the 
Commission's capacity release program by refusing to accept a valid 
nomination for receipt of natural gas into its distribution system.
    UGS requests that the Commission:
    (a) establish a proceeding and order a full evidentiary hearing to 
investigate Utilicorp's rejection of UGS's nomination of gas into 
Utilicorp's distribution system at the receipt point from Northern;
    (b) find Utilicorp's conduct in violation of the NGA, the 
Commission's regulations, and Northern's FERC Gas Tariff;
    (c) prohibit Utilicorp from participating in any capacity release 
transactions on Northern or on any other interstate pipeline until 
Utilicorp has ceased its unlawful conduct;
    (d) as a condition to being authorized to resume participation in 
capacity release transactions, require Utilicorp to compensate UGS for 
demand charges paid by UGS to Northern for capacity obtained by UGS 
pursuant to its capacity release prearranged transaction with 
Utilicorp; and
    (e) grant such other relief as the Commission determines to be 
required by the public convenience and necessity and the requirements 
of the NGA and NGPA.
    Any person desiring to be heard or to protest said complaint should 
file a motion to intervene or a protest with the Federal Energy 
Regulatory Commission, 888 First Street, N.E., Washington, D.C. 20426, 
in accordance with Sections 385.214 or 385.211 of the Commission's 
Rules and Regulations. All such motions or protests must be filed on or 
before February 25, 1999. Protests will be considered by the Commission 
in determining the appropriate action to be taken, but will not serve 
to make protestants parties to the proceedings. 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 
in the Public Reference Room. This filing may be viewed on the web at 
http://www.ferc.fed.us/online/rims.htm (please call (202) 208-0400 for 
assistance). Answers to the complaint must be filed on or before 
February 25, 1999.
Linwood A. Watson, Jr.,
Acting Secretary.
[FR Doc. 99-3824 Filed 2-16-99; 8:45 am]
BILLING CODE 6717-01-M