7224 Federal Register / Vol. 62, No. 32 / Tuesday, February 18, 1997 / Notices

214 of the Commission’s Rules of

Practice and Procedure (18 CFR 385.211

or 385.214). All such motions to

intervene or protest should be filed on

or before February 26, 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.

Lois D. Cashell,

Secretary.

[FR Doc. 97–3857 Filed 2–14–97; 8:45 am]

BILLING CODE 6717–01–M

[Project No. 2082–013]

PacifiCorp; Notice Establishing

Comment Period For Petition for

Declaratory Order

February 11, 1997.

On December 3, 1996, PacifiCorp filed

a petition for declaratory order,

pursuant to Rule 207 of the

Commission’s regulations, 18 CFR

385.207, to remove uncertainty and

resolve a dispute involving the scope of

a minimum flow requirement under its

license for the Klamath Project No.

2082. The petition’s statements in

support of the relief requested are

summarized in this notice.

The Klamath Project consists of six

hydroelectric developments located on

the Klamath River and one on a

tributary of that river, Fall Creek, in

Oregon and California. Under contract

with the U.S. Department of the

Interior’s Bureau of Reclamation

(Bureau), PacifiCorp also operates the

Bureau’s Link River Dam, located on

Upper Klamath Lake in Oregon, which

is the source of the water used to

generate power at the six Klamath River

developments. Water behind the Link

River Dam is also used for irrigation in

the Klamath Basin, and the contract

requires PacifiCorp to make water

available to the Bureau for irrigation

purposes.

In 1954, the Commission determined

that the project was required to be

licensed under the Federal Power Act.

In 1961, the Commission amended the

project license to require PacifiCorp to

release into the streambed below Iron

Gate Dam, the development furthest

downstream, a minimum flow of 1300

cubic feet per second (cfs) of water from

September 1 through April 30 of each

year. PacifiCorp claims that, to meet that

requirement, it must release sufficient

water from Upper Klamath Lake through

the Link River Dam.

PacifiCorp states that, in recent years,

pressure has been increasing to ensure

the availability of water both for species

of fish living in Upper Klamath Lake

that have been listed as endangered

under the Endangered Species Act and

for anadromous fish species

downstream of Iron Gate Dam that have

been proposed to be listed under that

act. In addition, the State of California

Department of Fish and Game has

requested that above-normal flows be

provided downstream of Iron Gate Dam

at various times of the year to enhance

the habitat for anadromous fish

downstream of that development, and

the Bureau has been coordinating its

responsibilities regarding such releases

with California Fish and Game, the U.S.

Department of Commerce’s National

Marine Fisheries Service, the U.S.

Department of the Interior’s Fish and

Wildlife Service (FWS), affected Indian

tribes, irrigators, and PacifiCorp.

During the 1995–96 irrigation season,

irrigators in the Klamath Basin

requested that the Bureau and

PacifiCorp not release more than 1000

cfs from the Link River Dam after

September 1, 1996, to assure the refill of

Upper Klamath Lake during the winter

of 1996–97. FWS and the Bureau

instructed PacifiCorp not to release

more than 1000 cfs from the Link River

Dam into early September 1996. When

PacifiCorp, upon direction from the

Bureau, began releasing 1300 cfs from

behind Link River Dam on

approximately September 4, several

irrigators, alleging third-party

beneficiary rights under the contract,

threatened litigation against PacifiCorp.

PacifiCorp states that the position and

threats of the irrigators cause

uncertainty regarding its rights and

obligations under its license,

specifically, its obligation to provide

minimum flows downstream of the Iron

Gate development. PacifiCorp requests

issuance of a declaratory order removing

the uncertainty regarding the nature and

scope of this obligation and the related

issue of compliance with the requests

and directives of the FWS and the

Bureau regarding PacifiCorp’s

operations of the Link River Dam.

PacifiCorp requests a determination as

to whether it must continue to release

at least 1300 cfs from the Iron Gate and

Link River Dams under the

circumstances presented. It seeks a

declaratory order on these issues for the

purpose of clarifying any subsequent

analysis regarding preemption of a state

breach of contract action by federal

regulation.

Pursuant to Rule 213(d) of the

Commission’s regulations, 18 CFR

385.213(d)(2), answers to petitions are

due within 30 days after filing, unless

otherwise ordered. To ensure adequate

notice to all interested persons, the

Commission staff has determined that

notice of the petition for a declaratory

order should be published and that the

deadline for filing an answer,

comments, protests, or petitions to

intervene in connection with the

licensee’s petition for a declaratory

order should be as established in this

notice.

Any person may file an answer,

comments, a protest, or a motion to

intervene with respect to PacifiCorp’s

petition in accordance with the

requirements of the Rules and Practice

and Procedure, 18 CFR 385.210,

385.211, 385.213, and 385.214. In

determining the appropriate action to

take with respect to the petition, the

Commission will consider all protests or

other comments filed, but only those

who file a motion to intervene in

accordance with the Commission’s

Rules may become a party to the

proceeding. Any answers, comments,

protests, or motions to intervene must

be filed by March 20, 1997; and must

bear in all capital letters the title

‘‘ANSWER,’’ ‘‘COMMENTS,’’

‘‘PROTEST’’, or ‘‘MOTION TO

INTERVENE’’, as applicable, and

‘‘Project No. 2082–013.’’ Send the filings

(original and 14 copies) to: the

Secretary, Federal Energy Regulatory

Commission, 888 1st Street, N.E.,

Washington, D.C. 20426. A copy of any

filing must also be served upon each

representative of the licensee specified

in its petition. Copies of the petition are

on file with the Commission and are

available for inspection in the Public

Reference Room.

Lois D. Cashell,

Secretary.

[FR Doc. 97–3858 Filed 2–14–97; 8:45 am]

BILLING CODE 65717–01–M

[Docket No. CP97–226–000]

Sabine Pipe Line Company; Notice of

Request Under Blanket Authorization

February 11, 1997.

Take notice that on February 4, 1997,

Sabine Pipe Line Company (Sabine)

P.O. Box 4781, Houston, Texas 77210–

4781, filed in the above docket, a

request pursuant to Sections 157.205

and 157.211 of the Commission’s

Regulations for authorization to use an

existing receipt tap to deliver gas

through displacement to MidCon Gas

Pipeline Corp. (MidCon). The receipt
Federal Register / Vol. 62, No. 32 / Tuesday, February 18, 1997 / Notices 7225

1Southern states that it received authorization to

operate these facilities under the grandfathered

certificate issued October 6, 1942, in Docket No. G–

296.

tap, constructed under Sabine’s blanket

certificate issued on March 31, 1983, in

Docket No. CP83–199–000,

interconnects Sabine’s 16-inch lowpressure mainline with MidCon’s

pipeline in Jefferson County, Texas, all

as more fully set forth in the request

which is file with the Commission and

open to public inspection.

Sabine states that the maximum

quantity of gas that will be delivered

through the interconnect is 100,000

MMcf per day. Sabine also states that

the delivery through displacement to

the MidCon point will be available to all

existing and potential shippers

receiving service under Sabine’s IT–1

Rate Schedule set forth in Sabine’s

FERC Gas Tariff, subject to prevailing

operating conditions. Sabine states that

no construction is required to operate

the point as proposed, and therefore, no

costs will be incurred.

Any person or the Commission’s staff

may, within 45 days after issuance of

the instant notice by the Commission,

file pursuant to Rule 214 of the

Commission’s Rules of Practice and

Procedure (18 CFR 385.215) a motion to

intervene or notice of intervention and

pursuant to § 157.205 of the Regulations

under the Natural Gas Act (18 CFR

157.205) a protest to the request. If no

protest is filed within the time allowed

therefor, the proposed activity is

deemed to be authorized effective on the

day after the time allowed for filing a

protest. If a protest is filed and not

withdrawn within 30 days after the time

allowed for filing a protest, the instant

request shall be treated as an

application for authorization pursuant

to Section 7 of the Natural Gas Act.

Lois D. Cashell,

Secretary.

[FR Doc. 97–3854 Filed 2–14–97; 8:45 am]

BILLING CODE 6717–01–M

[Docket No. CP97–223–000]

Southern Natural Gas Company;

Notice of Application

February 11, 1997.

Take notice that on February 3, 1997,

Southern Natural Gas Company

(Southern), P.O. Box 2563, Birmingham,

Alabama 35202–2563, filed an

application with the Commission in

Docket No. CP97–223–000 pursuant to

Section 7(b) of the Natural Gas Act

(NGA) for permission and approval to

abandon in place approximately 87.2

miles of pipeline and pursuant to

Section 7(c) of the NGA to construct and

operate approximately 5.5 miles of

pipeline in Alabama, all as more fully

set forth in the application which is

open to the public for inspection.

Southern purposes to abandon in

place approximately (1) 40.1 miles of

12-inch diameter pipe and 23.5 miles of

10-inch diameter pipe on the

Montgomery-Columbus line in Dallas

and Elmore Counties; (2) 19.3 miles of

12-inch diameter pipe on the

Montgomery-Columbus loop line in

Dallas and Autauga Counties; (3) 4.3

miles of 6-inch diameter pipe on the

Selma main line in Dallas County; and

(4) abandon by removal auxiliary

appurtenant facilities.1 Southern also

proposes to construct, install and

operate approximately 4 miles of 30-

inch diameter pipe in Macon County

and 1.5 miles of 30-inch diameter pipe

in Dallas County to restore the pipeline

capacity lost as a result of the proposed

abandonment on Southern’s

Montgomery-Columbus line and loop

line. Southern estimates that it would

cost $6.4 million to construct the 5.5

miles of 30-inch diameter pipe on the

South Main loop line.

Southern states that all current firm

and interruptible transportation

shippers who have contracts for natural

gas deliveries via any of the facilities

proposed for abandonment would

continue to receive equivalent service

upon completion of the above South

Main loop line modifications.

Any person desiring to be heard or to

make any protest with reference to said

application should on or before March

4, 1997, file with the Federal Energy

Regulatory Commission, Washington,

D.C. 20426, a motion to intervene or a

protest 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 NGA (18 CFR 157.10). All

protests filed with the Commission will

be considered by it in determining the

appropriate action to be taken but will

not serve to make the Protestants parties

to the proceeding. Any person wishing

to become a party to a proceeding or to

participate as a party in any hearing

therein must file a motion to intervene

in accordance with the Commission’s

Rules.

Take further notice that, pursuant to

the authority contained in and subject to

the jurisdiction conferred upon the

Federal Energy Regulatory Commission

by Sections 7 and 15 of the NGA and the

Commission’s Rules of Practice and

Procedure, a hearing will be held

without further notice before the

Commission or its designee on this

application if no motion to intervene is

filed within the time required herein, if

the Commission on its own review of

the matter finds that permission and

approval for the proposed abandonment

are required by the public convenience

and necessity. If a motion for leave to

intervene is timely filed, or if the

Commission on its own motion believes

that a formal hearing is required, further

notice of such hearing will be duly

given.

Under the procedure herein provided

for, unless otherwise advised, it will be

unnecessary for Southern to appear or

be represented at the hearing.

Lois D. Cashell,

Secretary.

[FR Doc. 97–3848 Filed 2–14–97; 8:45 am]

BILLING CODE 6717–01–M

[Docket No. RP97–215–001]

Williston Basin Interstate Pipeline

Company; Notice of Compliance Tariff

Filing

February 11, 1997.

Take notice that on February 7, 1997,

Williston Basin Interstate Pipeline

Company (Williston Basin), tendered for

filing revised tariff sheets to Second

Revised Volume No. 1 and Original

Volume No. 2 of its FERC Gas Tariff.

The proposed effective date of these

tariff sheets is February 1, 1997.

Williston Basin states that this

compliance filing is being filed pursuant

to the Commission’s January 29, 1997

Letter Order in the above-referenced

proceeding which required Williston

Basin to remove the current level of

electric costs included in its base rates

associated with the operation of its

electric compressors.

Any person desiring to protest said

filing should file a protest with the

Federal Energy Regulatory Commission,

888 First Street, NE., Washington, DC

20426, in accordance with Section

385.211 of the Commission’s Rules and

Regulations. All such protests must be

filed in accordance with Section

154.210 of the Commission’s

Regulations. 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. Copies of this filing are

on file with the Commission and are

available for public inspection in the

Public Reference Room.

Lois D. Cashell,

Secretary.

[FR Doc. 97–3851 Filed 2–14–97; 8:45 am]

BILLING CODE 6717–01–M