[Federal Register Volume 62, Number 164 (Monday, August 25, 1997)]
[Notices]
[Pages 44960-44961]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22446]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. RP97-444-000]


Notice of Complaint

August 19, 1997.
    Horsehead Resource Development Co., Inc. v. Transcontinental Gas 
Pipe Line Corporation.

    Take notice that on August 8, 1997, pursuant to Rule 207 of the 
Commission's rules of practice and procedure, 18 CFR Section 385.207 
(1996) and Order No. 636-C, Horsehead Resource Development Co., Inc. 
(Horsehead) tendered for filing a petition for relief to modify the 
term of a firm transportation contract it has entered into with 
Transcontinental Gas Pipe Line Corporation (Transco).
    Horsehead respectfully requests that the Commission shorten the 
length of a firm transportation contract it has entered into with 
Transco from twenty years to five years. Horsehead states that it is 
currently entitled to 2,200 Mcf per day of firm capacity from Transco 
under a contract which was renewed for a twenty-year term effective for 
the period November 16, 1995 through November 16, 2015. Horsehead 
states that the contract was renewed at a time when the twenty-year 
term-matching cap set forth in Order No. 636 was in effect. Since then, 
the Court of Appeals for the District of Columbia Circuit overturned 
the Commission's decision to impose a twenty-year cap.
    On remand, the Commission substituted a five-year cap to be 
effective prospectively and stated that it will entertain on a case-by-
case basis requests to shorten a contract term if a customer renewed a 
contract under the right-of-first-refusal process since Order No. 636 
and can show that it agreed to a longer term renewal contract than it 
otherwise would have because of the twenty-year cap. Horsehead states 
that it would have entered into a contract extension with Transco for 
the far shorter duration of five years had the twenty-year term 
matching cap under Order No. 636 not been in effect.
    Horsehead respectfully requests that the Commission grant its 
petition for relief to shorten the term of its firm transportation 
contract with Transco from twenty years to five years from November 16, 
1995 (expiring November 16, 2000).
    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,

[[Page 44961]]

888 First Street, N.E., Washington, D.C. 20426, in accordance with 
Rules 214 and 211 of the Commission's Rules of Practice and Procedure 
18 CFR 385.214, 385.211. All such motions or protests should be filed 
on or before September 8, 1997. 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. Copies of 
this filing are on file with the Commission and are available for 
public inspection. Answers to this complaint shall be due on or before 
September 8, 1997.
Linwood A. Watson, Jr.,
Acting Secretary.
[FR Doc. 97-22446 Filed 8-22-97; 8:45 am]
BILLING CODE 6717-01-M