[Federal Register Volume 62, Number 178 (Monday, September 15, 1997)]
[Notices]
[Pages 48267-48268]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-24364]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. RP97-514-000]


Huntsville Utilities Gas System City of Huntsville, Alabama v. 
Midcoast Interstate Gas Transmission, Inc.; Notice of Complaint and 
Motion for Expedited Relief

September 9, 1997.
    Take notice that on September 4, 1997, Huntsville Utilities Gas 
System, City of Huntsville, Alabama, (Huntsville) tendered for filing a 
complaint against Midcoast Gas Transmission, Inc. (Midcoast) and a 
motion for expedited relief, pursuant to Section 5 of the Natural Gas 
Act, Order No. 636-A, and Rules 206 and 212 of the Commission's Rules 
of Practice and Procedure.
    Huntsville submits its complaint against the alleged unlawful 
auction procedures of Midcoast and the improper bids by Midcoast's 
marketing affiliate, Midcoast Marketing, Inc. (MMI), with respect to 
certain firm transportation capacity Huntsville has on Midcoast that is 
subject to expiring service agreements for which Huntsville has a 
tariff right of first refusal (ROFR). Midcoast Gas Tariff, General 
Terms and Conditions, Section 3.14(e).
    Among other things, Huntsville contends that the terms of the 
auction were inconsistent with the Commission's May 30, 1997, Order in 
docket No. RP97-331, which among other things stays abandonment 
authority relating to service to Huntsville until April 1, 1998. 
Huntsville also contends that MMI, which is the sole bidder on its 
expiring capacity, bid on the Huntsville capacity, without having 
market support for its bids, in an effort to manipulate the auction and 
force Huntsville to exercise

[[Page 48268]]

its ROFR for nearly the maximum rate, for the full amount of the 
expiring Huntsville capacity, for the maximum matching term, thereby 
discouraging Huntsville's pursuit of alternative transportation service 
on the Southern Natural Gas Company (Southern) North Alabama Project 
that was approved in Docket No. CP96-153.
    Huntsville requests that the Commission: (i) Void the Midcoast 
auction and MMI bids; (ii) do so on an expedited basis, or order a stay 
of the September 18, 1997 date for the exercise of the Huntsville ROFR, 
pending further Commission action on the Huntsville complaint; (iii) 
investigate Midcoast and MMI's activities with respect to the expiring 
Huntsville capacity; and (iv) grant other relief as the Commission 
deems appropriate.
    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 and 385.211 of the Commission's 
Rules of Practice and Procedure. All such motions or protests should be 
filed on or before September 15, 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 15, 1997.
Lois D. Cashell,
Secretary.
[FR Doc. 97-24364 Filed 9-12-97; 8:45 am]
BILLING CODE 6717-01-M