2920 Federal Register / Vol 56, No. 17 1 Friday, tanuary 25. 1991 / Notices

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. Complainants state that a copy of the complaint has been served on Respondent. Respondent's answer to the complaint shall also be due on or before. Answers to the complaint shall be due on or before February 19, 199L
Lois D

. Casbell, Secretary. (PR Doc. 91-1702 Filed 1-24-81; 8:45 am) 2IU.1t4 O ODE 6717-01-11

[Docket No. RP90

- 111-000]

East Tennessee Natural Gas Co. Informal Settlement Conference
January 18, 1981. Take notice that an informal settlement conference will be convened in this proceeding on January 30, 1991, at 10 a.m., at the offices of the Federal Energy Regulatory Commission, 810 First Street, NE., Washington, DC 20428. Any party, as defined by 18 CFR 385.102(c), or any participant, as defined by 18 CFR 385.102(b), is invited to attend. Persons wishing to become a party must move to Intervene and receive intervenor status pursuant to the Commission's regulations (18 CFR 385.214). For additional information, contact Donald A. Heydt (202) 208-0248 or Irene Szopo (202) 208-1589. Lois D. Cashell, Secretary. [FR Doc. 91-1699 Filed 1-24-91; 8:45 am] SIualo COON 6717-01-1

Docket No. GP91

-4-000] 

### Meridian 011, Inc .; Petition to Withdraw NGPA Section 108 Application

January 17. 19M. 

### Take notice that on November 19, 1990, Meridian Oil, Inc. (Meridian) on behalf of Southland Royalty Company, filed with the Federal Energy Regulatory Commission (Commission) a petition to withdraw its NGPA section 108 application for the R.S. Lance 17. 19, 20, 28 #1-D well. Meridian claims to have just recently discovered that this well is dually completed (Lewis and Middle Lewis zones). Meridian states that the section 108 application did not include the Lewis zone and that the total well's production exceeded the 60 Mcf per day limit. Any person deeming to be heard or protest this petition should file a motion to intervene or protest with the Federal Energy Regulatory Commission, 825 North Capitol Street, NE., Washington. DC 20428, in accordance with rules 214 and 211 of the Commission' s Rules of Practice and Procedure. All such motions or protests should be filed on or before February 7, 1991. All protests filed will be considered. but will not serve to make the Protestants parties to the proceeding . Any person wishing to become a party must file a petition to intervene in accordance with the Commission 's rules

. Copies of this petition are on file with the Commission and are available for public inspection. Lois D

. Casbell, Secretary. [FR Doc

. 91-1700 Filed 1-24-91 ; 8:45 am)
ealo COPE 6717-011

[Docket No. GP91 -3-000]



### Meridian Oil, Inc.; Petition to Withdraw NGPA Section 108 Application

January 17,1991. Take notice that on November 19, 1990, Meridian Oil, Inc. (Meridian) filed with the Federal Energy Regulatory Commission (Commission) a petition to withdraw its NGPA section 108 application for the Howell E #1A well. Meridian claims to have just recently discovered that this well is dually completed (Blanco MV and PC zones). Meridian states that the section 108 application did not include the Blanco MV zone and that the total well's production exceeded the 60 Mcf per day limit. Any person desiring to be heard or protest this petition should file a motion to intervene or protest with the Federal Energy Regulatory Commission, 825 North Capitol Street, NE., Washington, DC 20426, in accordance with rules 214 and 211 of the Commission's Rules of Practice and Procedure. All such motions or protests should be filed on or before February 7. IM. All protests filed will be considered, but will not serve to make the.protestants parties to the proceeding. Any person wishing to become a party must file a petition to intervene in accordance with the Commission's rules. Copies of this petition are on file with the Commission and are available for public inspection. Lob D

. Casbell, Secretary. [FR Doc. 91-1701 Filed 1-24-91 : 8-45 am]
alllwo COPE 6717-01-H 

### Office of Conservation and Renewable Energy

[Caw No . F-0251
Energy Conservation Program for Consumer Products ; Decision and Order Granting Waiver from Furnace Test Procedures to Rheem Manufacturing Company

AGENCY : Office of Conservation and Renewable Energy, Department of Energy. ACTION : Decision and order.

SUMMARY : Notice is given of the Decision and Order (Case No. F-025) granting Rheem Manufacting Company (Rheem) a waiver for its GEC(-) upflow and GKB(-) downflow models condensing gas furnaces from existing Department of Energy (DOE) test procedures regarding blower time delay for determining the models' energy efficiency. FOR FURTHER INFORMATION CONTACT. Cyrus H. Nasseri, U.S. Department of Energy, Office of Conservation andRenewable Energy, Mail Station CE43, Forrestal Building, 1000 .Independence Avenue, SW., Washington, DC 20585, (202) 586-9127 Eugene Margolis, Esq., U.S. Department of Energy, Office of General Counsel, Mail Station GC-41, Forrestal Building, 1000 Independence Avenue. SW.. Washington, DC 20585, (202) 588-9507 SUPPLEMENTARY INFORMATION: In accordance with 10 CFR 430.27(g), notice Is hereby given of the issuance of the Decision and Order as set out below. In the Decision and Order Rheem has been granted a waiver for its GEC(-) and GKB(-) models condensing gas furnaces. permitting the company to use an alternate test method in determining the Annual Fuel Utilization Efficiency (AFUE). - Issued in Washington, DC, January 7,1991.
1. Michael Davis, P.- Assistant Secretary Conservation and Renewable Energy. In the matter of Rheem Manufacturing Company (Case No. F-025)
Background The Energy Conservation Program for Consumer Products (other than automobiles) established pursuant to the Energy Policy and Conservation Act (SPCA), Public Law 94-18189 Stat. 917, as amended by the National Energy Conservation Policy Act (NECPA), Public Law 95-819, 92 Stat. 3266, the National Appliance Energy Conservation Act of 1987 (NAECA),

0

### 9 Federal Register / Vol. 56, No. 17 / Friday, January 25, 1991 / Notices

Public Law 100-12, and the National Appliance Energy Conservation Amendments of 1988 (NAECA 1988), Public Law 100-357, requires DOE to prescribe standardized test procedures to measure the energy consumption of certain consumer products, including furnaces. The intent of the test procedures is to provide a comparable measure of energy consumption that will assist consumers in making purchasing decisions . These test procedures appear at 10 CFR part 430, subpart B. DOE amended the prescribed test procedures by adding 10 CFR 430.27 to create a waiver process. 45 FR 64108, September 26,1980. Thereafter, DOE further amended its appliance test procedure waiver process to allow the Assistant Secretary for Conservation and Renewable Energy (Assistant Secretary) to grant an interim waiver from test procedure requirements to manufacturers that have petitioned DOE for a waiver of such prescribed test procedures. 51 FR 42823, November 26, 1988. The waiver process allows the Assistant Secretary to waive temporarily test procedures for a particular basic model when a petitioner shows that the basic model contains one or more design characteristics which prevent testing according to the prescribed test procedures or when the prescribed test procedures may evaluate the basic model in a manner so unrepresentative of its true energy consumption as to provide materially inaccurate comparative data . Waivers generally remain in effect until final test procedure amendments become effective, resolving the problem that is the subject of the waiver. The interim waiver provisions, added by the 1986 amendment, allow the Assistant Secretary to grant an interim waiver when it is determined that the applicant will experience economic hardship if the Application for Interim Waiver is denied, if it appears likely that the Petition for Waiver will be granted, and/or the Assistant Secretary determines that it would be desirable for public policy reasons to grant immediate relief pending a determination on the Petition for Waiver. An Interim Waiver remains in effect for a period of 180 days or until DOE issues its determination on the Petition for Waiver, whichever is

sooner , and may be extended for an additional 180 days, if necessary. Rheem filed a "Petition for Waiver" dated June '1, 1990, In accordance with 1430.27 of 10 CFR part 430. DOE published in the Federal Register on September 1Z 19W, Rheem' s petition and solicited comments, data and Information respecting the petition. 55 FR 37521. Rheem also filed an "Application for Interim Waiver" under § 430.27(g) which DOE granted on September 4, 1990. 55 FR 37521, September 12,1990. 

### No comments were received concerning either the "Petition for Waiver" or the "Interim Waiver." DOE consulted with Federal Trade Commission (FTC) concerning the Rheem petition. The FTC did not have any objectives to the issuance of a waiver to Rheem.

Assertions and Determinations

Rheem 's Petition seeks a waiver from the DOE test provisions that require a 1.5 minute time delay between the Ignition of the burner and the starting of the circulating air blower. Rheem requests the allowance to test using a 30-second blower time delay when testing its GEC(-) and GKB (-) series condensing gas furnaces. Rheem states that since the 30-second delay is indicative of how these models actually operate and since such a delay results in an improvement in efficiency of approximately 2.0 percent, the waiver should be granted. Under specific circumstances, the DOE test procedures contain exceptions which allow testing with blower delay times of less than the prescribed 1.5 minute delay. Rheem indicates that it is unable to take advantage of any of these exceptions for the GEC(-) and GKB(-) series. Since the blower controls incorporated on the Rheem furance are designed to impose a 30-second blower delay in every instance of start up, and since the current provisions do not specifically address this type of control, DOE agrees that a waiver should be granted to allow the 30-second blower time delay when testing the Rheem GEC(-) and GKB(-) series furnaces. Accordingly, with regard to testing the GEC(-)and GKB(-) series furnaces only, today' s Decision and Order exempts Rheem from the existing provisions regarding blower controls and allows testing with the 30-second delay. 

### It is, therefore, ordered that: (1) The "Petition for Waiver" filed by the Rheem Manufacturing Company (Case No. F-025) is hereby granted as set forth in paragraph (2) below, subject to the provisions of.paragraphs (3), (4) and (5). (2) Not withstanding any contrary provisions of appendix N of 10 CFR part 430, subpart B, the Rheem Manufacturing Company shall be permitted to test its GEC(-) and GKB(-) series condensing gas furances on the basis of the test procedure specified in 

### 2921

10 CFR part 430, with modifications ept forth below- 

### (I) Section 3.0 in appendix N is deleted and replaced with the following paragraph: 3.0 Test Procedure. Testing and measurements shall be as specified in section 9 in ANSI/ASHRAE 103-82 with the exception of sections 9.2.2, 9.3.1, and 9.3.2, and the inclusion of the following additional procedures: 

### (ii) Add a new paragraph 3.10 in appendix N as follows: 3.10 Gas-and Oil-Fueled Central Furnaces. The-following paragraph is in lieu of the requirement specified in section 9 .3.1 in ANSI/ASHRAE 103-82. After equilibrium conditions are achieved following the cool-down test and the required measurements performed, turn on the furnace and measure the flue gas temperature. using the thermocouple grid described above, at 0.5 and 2 .5 minutes after the main burner( s) comes on . After the burner start-up, delay the blower start-up by 1.5 minutes (t-), unless: (1) the furnace employs a single motor to drive the power burner and the indoor air circulating blower, in which case the burner and blower shall be started together, or (2) the furnace is designed to operate using an unvarying delay time that is other than 1.5 minutes, in which case the fan control shall be permitted to start the blower, or (3) the delay time results in the activation of a temperature safety device which shuts off the burner, in which case the fan control shall be permitted to start the blower. In the latter case, if the fan control is adjustable, set it to start the blower at the highest temperature. If the fan control is permitted to start the blower, measure time delay, (t-), using a stop watch. Record the measured temperatures. During the heat-up test for oil-fueled furnaces, maintain the draft in the flue pipe within ±0.01 in. of water gauge of the manufacturer's recommended on-period draft. (iii) With the exception of the modification set forth in subparagraph (ii) above, Rheem Manufacturing Company shall comply in all respects with the test procedures specified in appendix N of 10 CFR part 430, subpart B. (3) The waiver shall remain in effect from the date of issuance of this Order until DOE prescribes final test procedures appropriate to the GEC(-) and GKB(-) series condensing gas furnaces manufactured by Rheem Manufacturing Company. (4) This waiver is based upon the presumed validity of statements, allegations , and documentary materialsr.. 

### 2922 Federal Register / Vol. 56, No. 17 / Friday, January 25, 1991 / Notices

submitted by the petitioner. This waiver may be revoked or modified at any time upon a determination that the factual ® basin underlying the petition is

incorrect. (5) Effective January 7,1991, this Waiver supersedes the Interim Waiver granted Rheem Manufacturing Company on September 4,1990.55 FR 37521, September 14 1990 (Case No. F-025}.
Issued in Washington, DC, January 7,1991. 1. Michael Davis, P.E., Assisstanl Secretary Conservation and Renewable Energy.
(FR Dec. 91-1x29 Filed 1-24-& 1; 8:45 am)

81W4G CODE $450-01-01

Office of Fossil Energy
(FE Docket No. 90

- 110-NGI

Alcan Aluminum Corporation Application to Export Natural Gas to and Import Natural Gas From Canada

AGENCY : Office of Fossil Energy, Department of Energy. ACTION: Notice of application for authorization to export natural gas to and import natural gas from Canada.

SUMMARY: The Office of Fossil Energy (FE) of the Department of Energy (DOE) gives notice of receipt on December 11, 1990, of an application filed by Alcan Aluminum Corporation (Alcan) for authorization to export to Canada at St Clair, Michigan, up to 8 MMcf per day of natural gas and to import from Canada at Grand Island, New York. up to 8 D'AMcf per day of natural gas, with adjustments for line losses, for a period of 15 years. Alcan intends to utilize firm transportation service on the proposed Empire State Pipeline, whose applications for construction currently are pending before the New York State Public Service Commission and the Federal Energy Regulatory Commission (FERC). The applicant also has entered into or is negotiating agreements for transportation with ANR Pipeline Company (ANR), Great Lakes Transmission Company (Great Lakes), TransCanada Pipelines Limited, and Union Gas Limited (Union). The application is filed under section 3 of the Natural Gas Act and DOE Delegation Order Nos. 0204-111 and 0204-127. Protests, motions to intervene. notices of intervention and written comments are invited. DATES : Protests, motions to intervene or notices of intervention, as applicable, requests for additional procedures and written comments are to be filed at the addresses listed below no later than 4:30
p.m., es .t. February 25, 1991. ADDRESSES : Office of Fuels Programs, Fossil Energy, U.S. Department of Energy, Forrestal Building, room 3F-058, FE-50, 1000 Independence Avenue, SW., Washington, DC 20585. FOR FURTHER INFORMATION CONTACT. Linda Silverman, Office of Fuels Programs, Fossil Energy. U.S. Department of Energy, Forrestal Building, room SF

- 094, 1000 Independence Avenue, SW., Washington, DC 20585, (202) 586-7249. Diane Stubbs, Office of the Assistant General Counsel for Fossil Energy, U.S. Department of Energy , Forrestal Building

, room 6E

-042, GC-14,1000 Independence Avenue, SW., Washington, DC 20585, (202) 586-8887. SUPPLEMENTARY INFORMATION : Alcan. which is a subsidiary of Alcan Aluminum Limited, operates a large aluminum smelting and rolling facility in Oswego , New York ( Oswego Works). Alcan is located within the service territory of Niagara Mohawk Power Corporation (Niagara Mohawk). Because CNG Transmission Corporation (CNG) is the sole supplier of interstate gas transportation service into Niagara Mohawk, Alcan is totally dependent on CNG for its interstate gas transportation

. Alcan ' s recent application for firm transportation service on the CNG system was rejected. Therefore, the applicant is pursuing a program of natural gas supply, transportation, and storage diversification in order to lessen its dependence upon CNG and to obtain alternative natural gas supplies, transportation

, and storage service at competitive prices and on favorable terms. Alcan anticipates initially purchasing most of the natural gas on the domestic spot market, although eventually some or all of the natural gas may be purchased under long-term
contracts. According to the application, the same gas would be exported and imported solely as part of a transportation arrangement, and would not be sold or stored in Canada

. Consequently, DOE does not believe that it is necessary to consider in its evaluation domestic need for the gas with respect to the proposed export, nor competitiveness, need for the gas , or security of supply with respect to the proposed import. DOE will consider the impact of the transportation agreement on the availability of gas in markets served by the proposed Empire State Pipeline and by the other pipeline systems involved in the proposal. The applicant asserts that the gas is needed at Oswego Works, that delivery of the gas will not deprive the United States or any region of the country of needed natural gas, and that the proposed arrangement will further the goal of providing additional volumes of natural gas to the northeastern United States

. Parties opposing the arrangment bear the burden of overcoming these assertions. All parties should be aware that if the requested export /import arrangement is approved, the authorization would be conditioned on the filing of quarterly reports indicating the volume of natural gas exported and imported.


### NEPA Compliance
The National Environmental Policy Act (NEPA), 42 U.S.C. 4321, at seq., requires DOE to give appropriate consideration to the environmental effects of its proposed actions. FERC currently is performing an environmental review of the impacts of constructing and operating the proposed facilities related to the Empire State Pipeline project in FERC Docket Nos. CP 90-316 and CP 90-317. DOE will independently review the results of the FERC environmental evaluation of this project in the course of making its own environmental determination

. No final decision will be Issued in thisproceeding until DOE has met its NTP,-responsibilities.


### Public Comment Procedures
In response to this notice

, any person may file a protest

, motion to intervene or notice of intervention

, as applicable, and written comments

. Any person wishing to become a party to the proceeding and to have the written comments considered as the basis for any decision on the application must, however, file a motion to intervene or notice of intervention, as applicable. The filing of a protest with respect to this application will not serve to make the protestant a party to the proceeding, although protests and comments received from persons who are not parties will be considered in determining the appropriate action to be taken on the application

. All protests, motions to intervene , notices of intervention

, and written comments must meet the requirements that are specified by the regulations in 10 CFR part 590

. Protests

, motions to intervene, notices of intervention

, requests for additional procedures

, and written comments should be filed with the Office of Fuels Programs at the above address. 

### it is intended that a decisional record will be developed on the application through responses to this notice by parties

, including the parties ' written