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 and

Renewable 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

CAS-RM-79-104 COMMENT 45
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 materials

CAS-RM-79-104 COMMENT 45
r..

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 this

proceeding 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

CAS-RM-79-104 COMMENT 45