15166 Federal Register / Vol. 62, No. 61 / Monday, March 31, 1997 / Notices

1 Dauphin Island previously filed in Docket No.

CP97–119–000 a petition seeking that the

Commission declare that its proposed facilities are

gathering facilities exempt from Commission

jurisdiction pursuant to Section 1(b) of the Natural

Gas Act. Dauphin Island seeks the requested

authorization only if the Commission finds that any

of the requested facilities are subject to the

Commission’s jurisdiction.

water supply project in Black Hawk,

Colorado. A Notice of Intent to Prepare

an EIS was published in the Federal

Register on December 28, 1994.

Recently the City has proposed to

pursue an alternative that will allow

them to develop a new water supply

system that does not require a Federal

permit. Therefore, an EIS is not

required.

FOR FURTHER INFORMATION CONTACT:

Questions about the cancellation of the

EIS should be directed to: Ms. Candace

Thomas, Chief, Environmental Analysis

Branch, Planning Division, U.S. Army

Corps of Engineers, 215 North 17th

Street, Omaha, Nebraska 68102–4978;

phone (402) 221–4598; fax (402) 221–

4886.

SUPPLEMENTARY INFORMATION: Since the

implementation of Limited Stakes

Gaming in November 1990, the City of

Black Hawk has experienced substantial

growth and increased demands for

water. The limited amount of water

available at the existing diversion points

and in North Clear Creek is a major

constraint to projected growth. The City

notified the Corps that it intended to

apply for a Section 404 permit for

construction of a new water supply

system in waters of the United States.

The requirement for a Corps 404 permit

triggered compliance with the National

Environmental Policy Act (NEPA).

NEPA requires that whenever a major

Federal action would result in

significant impacts to the human

environment that an EIS be prepared. A

Draft EIS was in the process of being

prepared by the Corps. During the NEPA

process several alternatives were

evaluated. Recently the City has

discovered an alternative that will allow

them to develop a new water supply

system that does not require a Section

404 permit. Because the 404 process

was the only Federal nexus, there is

now no requirement for NEPA

compliance. Therefore, the EIS process

has been terminated. The current plan

involves the withdrawal of water from

Clear Creek at the Hidden Valley exit on

Interstate 70 east of Idaho Springs,

Colorado. An infiltration gallery, pump

station, and pipeline can be constructed

without a permit from the Corps.

Gregory D. Showalter,

Army Federal Register Liaison Officer.

[FR Doc. 97–8020 Filed 3–28–97; 8:45 am]

BILLING CODE 3710–62–M

DEPARTMENT OF ENERGY

Federal Energy Regulatory

Commission

[Docket Nos. CP97–300–000, CP97–301–

000, and CP97–302–000]

Dauphin Island Gathering Partners;

Notice of Application

March 25, 1997.

Take notice that on March 21, 1997,

Dauphin Island Gathering Partners

(Dauphin Island), c/o OEDC, Inc. 1400

Woodloch Forest Drive, Suite 200, The

Woodlands, Texas 77380, filed in

Docket Nos. CP97–300–000 an

application, pursuant to Section 7(c) of

the Natural Gas Act and Section 157 of

the Commission’s Regulations, for a

certificate of public convenience and

necessity to (1) construct and operate an

offshore 24-inch, 63-mile natural gas

pipeline and related facilities extending

from the existing Dauphin Island

gathering system at Alabama State Tract

73 to Main Pass Gas Gathering System

at Main Pass Block 225 and (2) to

operate as a jurisdictional facility on a

temporary basis, with pregranted

abandonment, an existing pipeline

facility required to transport the gas

onshore. Dauphin Island also filed in

Docket No. CP97–301–000 for blanket

authority pursuant to Part 284 of the

Commission’s Regulations to transport

gas on an open-access basis and for

approval of its pro forma tariff,

including the proposal to charge

negotiated rates. Also, Dauphin Island

also requests in Docket No. CP97–302–

000 a blanket certificate pursuant to

Section 157, Subpart F of the

Commission’s Regulations to engage in

certain routine activities. Finally,

Dauphin Island requests that the

Commission confirm that issuance of

the requested authorizations and

services will not subject the existing

facilities of Dauphin Island to the

Commission’s jurisdiction,1 all as more

fully set forth in the applications, which

are on file with the Commission and

open for public inspection.

Dauphin Island indicates that the

maximum capacity of the proposed

facilities will be 200,000 dt equivalent

on natural gas per day. It is noted that

the proposed facilities will parallel the

western leg of the existing Dauphin

Island gathering system for

approximately 30 miles. It is stated that

the proposed facilities will gather gas

along its length from production already

discovered but not currently developed

and from exploratory efforts in the area.

Dauphin Island notes that the facilities

are designed to gather gas that currently

cannot be produced due to capacity

constraints downstream of the Main

Pass system and significant newly

discovered production which can be

attached to the Main Pass system.

Dauphin Island states that it intends to

construct in the future a second phase

of the project, which would include 13

miles of 24-inch pipeline extending

from the northern terminus of the

proposed facilities onshore. It is

indicated that Dauphin Island is not

applying for authority to construct and

operate the facilities at this time, but

intends to file within the next 12

months when it has sufficient time to

complete the requisite environmental

studies, obtained commitments from

producers in the area, and arranged to

purchase pipe.

Because Dauphin Island is not ready

to build the second phase of its project,

Dauphin Island requests a limited term

certificate with pregranted

abandonment to use a portion of its

existing gathering system which extends

downstream from Alabama State Tract

73 for interstate transmission of up to

200,000 dt equivalent of natural gas per

day to onshore interconnections for a

period of up to twelve months after the

proposed facilities are placed in service.

Dauphin Island estimates a

construction cost of the proposed

facilities of $54,116,620, which would

be financed from cash on hand from the

various partners of Dauphin Island.

Dauphin Island requests that it be

issued a blanket certificate pursuant to

Section 284.221 of the Commission’s

Regulations. Dauphin Island proposes to

provide transportation service under

three firm rate schedules, including (1)

FT–1 firm service, (2) FT–2 firm service

available to shippers who commit all of

the gas from specified OCS or state

blocks and (3) FT–3 firm service

representing overflow volumes from the

Main Pass System, and IT–1

interruptible service.

Dauphin Island requests authorization

to permit it to charge negotiated rates.

It is indicated that in the Statement of

Policy on Alternatives to Traditional

Cost-of-Service Ratemaking for Natural

Gas Pipelines, 74 FERC ¶ 61,076 (1996),

the Commission stated that negotiated

rates would be approved in certain

circumstances, and that Dauphin Island

meets those circumstances. Dauphin

Island states in its tariff the charges
Federal Register / Vol. 62, No. 61 / Monday, March 31, 1997 / Notices 15167

applicable to negotiated rates under

Rate Schedules FT–2 and FT–3, and that

capacity would be available at a costbased recourse rate under Rate

Schedules FT–1 and IT–1. It is indicated

that for rates negotiated with customers

following Commission authorization to

charge such rates, Dauphin Island will

file conforming tariff sheets indicating

that the rate for the service will be either

the rates stated on its existing rate

schedule or a rate mutually agreed upon

by the pipeline and customer. It is also

indicated that, when a rate is negotiated,

Dauphin Island will file a numbered

tariff sheet stating the exact legal name

of the customer and the negotiated rate

for the service. It is stated that

permitting Dauphin Island to negotiate

rates with customers at mutually agreed

levels will promote competition, and

permit them to tailor contracts to meet

the specific needs of each shipper.

It is stated that the tariff filed by

Dauphin Island is substantially similar

to those recently approved by the

Commission in Garden Banks Gas

Pipeline, L.L.C., Docket No. CP96–307–

000 and Shell Gas Pipeline Company,

Docket No. CP96–159–000, except for

service under Rate Schedule FT–3, and

except for the following differences: in

the Dauphin Island tariff, service is

provided on a dekatherm rather than

volumetric basis; the Dauphin Island

tariff includes an overrun service;

secondary receipt points are not

available to shippers under Dauphin

Island Rate Schedules FT–2 and FT–3;

in Dauphin Island’s tariff, all delivery

points are available to all shippers based

upon confirmation by the downstream

pipeline; a charge of $3.50 per barrel

will be charged by Dauphin Island for

recovery of liquid hydrocarbons; at the

request of the shipper, Dauphin Island

may enter into contracts for various

services with third parties and charge

the cost to shipper as an ‘‘Other Charge’’

under the rate schedule; under Dauphin

Island’s tariff, a capacity release can be

released only into Rate Schedule FT–1;

and Dauphin Island may process

shipper’s gas if the shipper does not

process; additionally, the term:

equivalent quantities’’, some quality

specifications, nomination procedures,

the effect of force majeure on payment

of reservation rates, and the resolution

of monthly imbalances have been

changed.

Any person desiring to be heard or to

make any protest with reference to said

application should on or before April 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 Natural Gas Act (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 Natural Gas

Act 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 a grant of the

certificate and 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 Dauphin Island to

appear or be represented at the hearing.

Lois D. Cashell,

Secretary.

[FR Doc. 97–8008 Filed 3–28–97; 8:45 am]

BILLING CODE 6717–01–M

[Docket No. ER97–2099–000]

Duke Power Company; Notice of Filing

March 25, 1997.

Take notice that on March 14, 1997,

Duke Power Company (Duke), tendered

for filing a Network Integration

Transmission Service Agreement and a

Network Operating Agreement (NOA)

between Duke, on its own behalf and

acting as agent for its wholly-owned

subsidiary, Nantahala Power and Light

Company, and the City of Seneca, South

Carolina and Southern Company

Services, Inc, acting as agent for the City

of Seneca, South Carolina, (collectively,

Transmission Customer). Duke states

that the NITSA and NOA set out the

transmission arrangements under which

Duke will provide the Transmission

Customer Network Integration

Transmission Service under Duke’s Pro

Forma Open Access Transmission

Tariff.

Any person desiring to be heard or to

protest said filing should file a motion

to intervene or protest with the Federal

Energy Regulatory Commission, 888

First Street, N.E., Washington, D.C.

20426, in accordance with Rules 211

and 214 of the Commission’s Rules of

Practice and Procedures (18 CFR

385.211 and 18 CFR 385.214). All such

motions or protests should be filed on

or before April 4, 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 proceedings.

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. 97–7994 Filed 3–28–97; 8:45 am]

BILLING CODE 6717–01–M

[Docket No. ER97–2095–000]

Duke Power Company; Notice of Filing

March 25, 1997.

Take notice that on March 14, 1997,

Duke Power Company (Duke), will

terminate the service that it currently

provides to the City of Seneca/Seneca

Light & Water Plant, Seneca, South

Carolina, (Seneca) under Federal Energy

Regulatory Commission (FERC) Rate

Schedule No. 10 (effective date August

19, 1993), the Electric Power Contract

between Duke and the Commissioners

of Public Works of the City of Seneca

and the City of Seneca, dated April 28,

1971, and the Delivery Point

Agreements for Delivery Point #1

(effective date May 22, 1991) and

Delivery Point #2 (effective date April

24, 1991) (Exhibits A to the Electric

Power Contract) (FERC Rate Schedule

No. 263).

Duke is terminating service to

Seneca’s two delivery points at Seneca’s

request. Seneca has notified Duke that,

commencing May 15, 1997, it will

purchase power from a supplier other

than Duke. While service is to terminate

effective May 14, 1997, the Electric

Power Contract shall remain in effect to

the extent necessary to incorporate and

satisfy the stranded cost amendment

that Duke is concurrently filing in a

separate docket in accordance with

Section 205 of the Federal Power Act,

16 USC 824D (1994), Order No. 888,

Promoting Wholesale competition

Through Open Access NonDiscriminatory Transmission Services