[Federal Register: June 14, 2001 (Volume 66, Number 115)]
[Notices]
[Page 32342-32343]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14jn01-63]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. CP01-381-000]
Kern River Gas Transmission Company; Notice on Petition for
Declaratory Order
June 8, 2001.
On June 1, 2001, Kern River Gas Transmission Company (Kern River)
filed a petition for a declaratory order by the Commission addressing
capacity commitments made by Kern River in connection with facilities
authorized by the Commission in Docket No. CP01-106-000. This issue
arises in light of assertions by Southern California Gas Company
(SoCalGas) that Kern River has not satisfied its obligations to
[[Page 32343]]
SoCalGas under a June 15, 1989 Settlement Agreement. Kern River's
filing may be viewed on the web at http://www.ferc.fed.us/online/
rims.htm (call 202-208-2222 for assistance).
On April 6, 2001, the Commission authorized Kern River to construct
the California Action Project, which will increase Kern River's design-
day mainline capacity by 135,000 Mcf. This additional capacity was
alloca5ted as a result of an open season Kern River conducted in march
2001; Kern River ultimately entered into transportation service
agreements with 43 shippers as a result of the open season. Kern River
intends to commence service using the California Action Project in July
2001.
SoCalGas asserts that, pursuant to a June 15, 1989 Settlement
Agreement, Kern River has certain obligations to SoCalGas in the event
Kern River intends to add incremental capacity to its system in excess
of 700 Mcf. SoCalGas asserts that Kern River must provide it with
written notice of intent to add capacity, and must notify SoCalGas of
the amount of capacity available after it has awarded any capacity to
Enhanced Oil Recovery and congeneration shippers who were granted prior
rights under the Settlement Agreement. After such notice is provided,
SoCalGas asserts that it must be given 30 days to evaluate whether it
wants to contract for such capacity pursuant to Kern River's standard
tariff terms and conditions. SoCalGas states that if it had been given
this opportunity it would have elected all of the available capacity in
the California Action Plan and potentially some or all of the capacity
offered in other open seasons Kern River has conducted with regard to
proposed future expansions. SoCalGas has inquired how Kern River
intends to comply with its obligations under the Settlement Agreement.
Kern River requests that the Commission declare that Kern River has no
obligation under the 1989 Settlement Agreement to provide SoCalGas any
preferential notice of, or opportunity to elect, any of the capacity on
Kern River's pending expansions.
There are two ways to become involved in the Commission's review of
this petition. First, any person wishing to obtain legal status by
becoming a party to the proceeding should on or before June 15, 2001,
file with the Federal Energy Regulatory Commission, 888 First Street,
NE., Washington, DC 20426, a motion to intervene 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).
A person obtaining party status will be placed on the service list
maintained by the Secretary of the Commission and will receive copies
of all documents filed by the applicant and by all other parties, A
party must submit 14 copies of filings made with the Commission and
must mail a copy to the applicants and to every other party in the
proceeding. Only parties to the proceeding can ask for court review of
Commission orders in the proceeding.
However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, by June 15, 2001, an original and two
copies of the comments in support of or in opposition to matters raised
in the petition. The Commission will consider these comments in
determining the appropriate action to be taken, but the filing of a
comment will not serve to make the filer a party to the proceeding. The
Commission's rules require that person filing comments in opposition
provide copies of their protests only to the party or parties directly
involved in the protest.
Comments, protests and interventions may be filed electronically
via the internet in lieu of paper. See 18 CFR 2001(a)(1)(iii) and the
instructions on the Commission's web site at http://www.ferc.fed.us/
efi/doorbell.htm.
David P. Boergers,
Secretary.
[FR Doc. 01-14996 Filed 6-13-01; 8:45 am]
BILLING CODE 6717-01-M