[Federal Register: December 18, 2002 (Volume 67, Number 243)]
[Notices]               
[Page 77483-77484]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18de02-52]                         


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DEPARTMENT OF ENERGY


Federal Energy Regulatory Commission


[Docket No. CP03-18-000]


 
City of Duluth Public Works & Utilities Department; Notice of 
Application


December 11, 2002.
    Take notice that on November 29, 2002, the City of Duluth Public 
Works & Utilities Department (City of Duluth), filed an application 
with the Commission in Docket No. CP03-18-000 under section 7 of the 
Natural Gas Act, as amended, seeking authority to construct, install, 
and operate certain natural gas pipeline facilities which will be owned 
by the City of Duluth, all as more fully stated in the application 
which is open to public inspection.
    The City of Duluth currently owns and operates a municipal 
distribution system providing natural gas service to almost 90,000 
residents in and around the City of Duluth, Minnesota. The City of 
Duluth proposes to construct, install, and operate approximately 5.33 
miles of 10-inch diameter pipeline and appurtenances. The proposed 
facilities would provide the incremental capacity sufficient for the 
City of Duluth to receive up to 35,000 Mcf/day of natural gas from an 
interconnection with Great Lakes Gas Transmission Company (Great Lakes) 
in Douglas County, Wisconsin. The City of Duluth would transport 
natural gas from the Great Lakes interconnection to a town border 
station that would be constructed in St. Louis County, Minnesota. The 
City of Duluth would construct the proposed facilities to increase the 
reliability of natural gas service to residents in the Duluth, 
Minnesota, area and to introduce competition into the interstate 
natural gas supply market. The City of Duluth would operate the 
proposed pipeline facilities at a maximum operating allowable pressure 
of 974 psig.
    The City of Duluth states that it estimates the total construction 
cost of the proposed facilities at $3,500,000. The City of Duluth seeks 
to have the FERC issue a limited jurisdiction certificate of public 
convenience and


[[Page 77484]]


necessity by February 28, 2003, so that the facilities may be placed in 
service before the commencement of the 2003-2004 heating season. The 
City of Duluth states that it does not propose any rates for the new 
facilities.
    Any questions regarding the application should be directed to 
Gregory A. Wheeler, Esquire, as agent for the City of Duluth Public 
Works & Utilities Department, ProSource Technologies, Inc., 277 Coon 
Rapids Boulevard, Suite 304, Coon Rapids, MN 55433 or at (763) 786-
1445.
    Any person desiring to intervene or to protest this filing should 
file with the Federal Energy Regulatory Commission, 888 First Street, 
NE., Washington, DC 20426, in accordance with rules 211 and 214 of the 
Commission's rules of practice and 18 CFR 385.211 and 385.214. 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 proceeding. Any person wishing to become a party must file a motion 
to intervene. All such motions or protests should be filed on or before 
January 2, 2003, the comment date, and, to the extent applicable, must 
be served on the applicant and on any other person designated on the 
official service list. This filing is available for review at the 
Commission or may be viewed on the Commission's Web site at http://www.ferc.gov
 using the ``FERRIS'' link. Enter the docket number 
excluding the last three digits in the docket number filed to access 
the document. For assistance, please contact FERC Online Support at 
FERCOnlineSupport@ferc.gov or toll-free at (866) 208-3676, or for TTY, 
contact (202) 502-8659. Protests and interventions may be filed 
electronically via the Internet in lieu of paper; see 18 CFR 
385.2001(a)(1)(iii) and the instructions on the Commission's web site 
under the ``e-Filing'' link. The Commission strongly encourages 
electronic filings.
    A person obtaining intervenor status will be placed on the service 
list maintained by FERC and will receive copies of all documents filed 
by applicant and by every one of the intervenors. An intervenor can 
file for rehearing of any FERC order and can petition for court review 
of any such order. However, an intervenor must submit copies of 
comments or any other filing it makes with FERC to every other 
intervenor in the proceeding, as well as 14 copies with FERC.
    However, a person does not have to intervene in order to have 
comments considered. A person, instead, may submit two copies of 
comments to the Secretary of FERC. Commenters will be placed on FERC's 
environmental mailing list, receive copies of environmental documents, 
and be able to participate in meetings (if any) associated with FERC's 
environmental review process. Commenters will not be required to serve 
copies of filed documents on all other parties. However, commenters 
will not receive copies of all documents filed by other parties or 
issued by FERC and will not have the right to seek rehearing or appeal 
FERC's final order to a federal court.
    Persons who wish to comment only on the environmental review of 
this project should submit an original and two copies of their comments 
to the Secretary of the Commission. Environmental commenters will be 
placed on the Commission's environmental mailing list, will receive 
copies of the environmental documents, and will be notified of meetings 
associated with the Commission's environmental review process. 
Environmental commenters will not be required to serve copies of filed 
documents on all other parties. However, the non-party commenters will 
not receiver copies of all documents filed by other parties or issued 
by the Commission (except for the mailing of environmental documents 
issued by the Commission) and will not have the right to seek court 
review of the Commission's final order.
    Take further notice that, pursuant to the authority contained in 
and subject to the jurisdiction conferred upon FERC by sections 7 and 
15 of the Natural Gas Act and FERC's rules of practice and procedure, a 
hearing will be held without further notice before FERC or its designee 
on this application if no motion to intervene is filed within the time 
required herein, if FERC on its own review of the matter finds that a 
grant of the certificate is required by the public convenience and 
necessity. If a motion for leave to intervene is timely filed, or if 
FERC on its own motion believes that a formal hearing is required, 
further notice of such hearing will be duly given.
    If the Commission decides to set the application for a formal 
hearing before an Administrative Law Judge, the Commission will issue 
another notice describing that process. At the end of the Commission's 
review process, a final Commission order approving or denying a 
certificate will be issued.
    Under the procedure herein provided for, unless otherwise advised, 
it will be unnecessary for the City of Duluth to appear or be 
represented at the hearing.


Linwood A. Watson, Jr.,
Deputy Secretary.
[FR Doc. 02-31723 Filed 12-17-02; 8:45 am]

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