Federal Register / Vol. 63, No. 73 /Thursday, April 16, 1998 / Notices 18899

1The instant docket is essentially the same

project as filed in Docket No. CP97–626–000 and

subsequently dismissed by the Commission,

without prejudice to refiling, for lack of an adequate

showing of a substantial market (see Texas Eastern

Transmission Corp., 82 FERC ¶61,238) (1998).

requests in the CPUC proceeding, PSCo

determined that, in providing

transportation under the blanket

certificate, two points on its system that

were not part of the former WestGas

facilities may have been used from time

to time. On March 9, 1998, KN

Wattenberg filed a complaint against

PSCo and others which alleges, inter

alia, that the 1992 Certificate is limited

to the former WestGas Hinshaw

facilities. However, PSCo believes the

Commission authorized it to engage in

Section 311-type transactions without

limitation to any specific portions of its

system.

Nevertheless, out of an abundance of

caution, PSCo has restructured the

current Section 311-type transactions

involving the two points such that only

former WestGas facilities are now used

in providing the service. Since the

demand by shippers for such service is

expected to exceed PSCo’s capacity to

transport gas through only these

facilities, PSCo urges the Commission to

act promptly to remove the current

uncertainty.

Any person desiring to be heard or to

make any protest with reference to said

application should on or before May 1,

1998, file with the Federal Energy

Regulatory Commission, 888 First

Street, N.E., 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 and

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

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 the application

should be approved. If a motion for

leave to intervene is timely filed, or if

the Commission on its 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 PSCo to appear or be

represented at the hearing.

Linwood A. Watson, Jr.,

Acting Secretary.

[FR Doc. 98–10092 Filed 4–15–98; 8:45 am]

BILLING CODE 6717–01–M

DEPARTMENT OF ENERGY

Federal Energy Regulatory

Commission

[Docket No. CP98–336–000]

Texas Eastern Transmission

Corporation; Notice of Application

April 10, 1998.

Take notice that on April 7, 1998,

Texas Eastern Transmission Corporation

(Texas Eastern), 5400 Westheimer Court,

Houston, Texas 77056–5310, filed in the

above docket, an abbreviated

application pursuant to Section 7(c) of

the Natural Gas Act to increase the

capacity of its Lebanon Lateral facility.1

As before, Texas Eastern seeks

authorization to construct, install, own,

operate and maintain certain

compression facilities at its existing Gas

City Compressor Station located in

Grant County, Indiana (Gas City) and at

its existing Glen Karn meter station in

Darke County, Ohio (Glen Karn), and

certain other ancillary and appurtenant

above-ground facilities. Such additional

compression will increase Texas

Eastern’s capacity in the Lebanon

Lateral by 302,290 Dth/d, up to a new

total of 661,510 Dth/d (650 MMcf/d

equivalent).

Specifically, Texas Eastern proposes

to install 8,900 HP of compression at

Gas City. Texas Eastern will install one

reciprocating gas engine rated at 3,400

HP and one reciprocating gas engine

rated at 5,500 HP. This additional

compression will increase the total

compression at Gas City from 3,400 HP

to 12,300 HP. In addition, to

accommodate the additional compressor

units. Texas Eastern will expand the

existing Gas City compressor buildings

and install associated ancillary facilities

and piping. All of the proposed facilities

at Gas City will be located wholly

within and on Texas Eastern’s existing

Gas City Compressor Station property.

Texas Eastern also proposes to install

a new 8,170 HP gas turbine-driven

centrifugal compressor at its existing

Glen Karn meter station site. Currently

there are no compression facilities

located at the Glen Karn station. To

house this proposed compressor unit,

Texas Eastern will construct compressor

station buildings and associated

ancillary facilities and piping. In

addition, Texas Eastern proposes to

upgrade its existing metering stations at

Glen Karn and at Lebanon in Warren

County, Ohio.

The estimated total capital cost of the

proposed facilities is approximately

$31,291,000. Texas Eastern proposes to

commence service utilizing the new

facilities on or before November 1, 1998.

Texas Eastern also requests

authorization to file a limited NGA

Section 4 proceeding, after receipt of the

authorizations requested and prior to

the in-service date of the proposed

facilities, to revise and restate the rates

applicable to Texas Eastern’s Part 284,

open-access Rate Schedules LLFT and

LLIT. Such revised and restated Rate

Schedule LLFT rates result in a base

Reservation Charge of $3.466 per Dth

and Usage-1 rate of $0.0023, $0.1163 on

a 100% load factor basis. In addition,

the revised and restated Rate Schedule

LLIT base rate will be $0.1163. These

revised and restated rates represent a

23% reduction, on a 100% load factor

basis, in the currently effective

maximum Rate Schedules LLFT and

LLIT rates.

Texas Eastern proposes to revise the

existing fuel shrinkage percentages

applicable to Rate Schedules LLFT and

LLIT to recognize the fuel associated

with the facilities. Texas Eastern has

calculated the estimated fuel usage of

the existing compression at Gas City and

the proposed facilities based on

historical utilization to arrive at an

estimated annual fuel shrinkage

percentage of 0.43%.

Texas Eastern has filed several

Service Agreements with the

application, each for a primary term of

10 years for a total of 110,805 Dth/d of

winter service, and 66,500 Dth/d of 365-

day service. Texas Eastern submits that

these firm contractual commitments are

in excess of 25% of the capacity that it

proposes to construct, and to the extent

Texas Eastern does not have firm

contractual arrangements for the

remaining firm capacity to be made

available by the proposed facilities

before construction of such facilities,

Texas Eastern states that it will be ‘‘atrisk’’ for recovery of such costs.

Any person desiring to participate in

the hearing process or to make any

protest with reference to said

application should on or before May 1,

1998, file with the Federal Energy

Regulatory Commission, Washington,
18900 Federal Register / Vol. 63, No. 73 /Thursday, April 16, 1998 / Notices

1The Commission’s regulations governing

adjustment petitions are set forth in Subpart K of

the Commission’s Rules of Practice and Procedure

[18 CFR §§ 385.1101–385.1117].

2See 80 FERC ¶ 61,264 (1997); order denying

reh’g issued January 28, 1998, 82 FERC ¶ 61,058

(1998).

3Public Service Company of Colorado v. FERC,

91 F. 3d 1478 (D.C. 1996), cert. denied, Nos. 96–

954 and 96–1230 (65 U.S.L.W. 3751 and 3754, May

12, 1997) (Public Service).

DC 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 proceedings.

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.

A person obtaining intervenor status

will be placed on the service list

maintained by the Secretary of the

Commission and will receive copies of

all documents filed by the applicant and

by every one of the intervenors. An

intervenor can file for rehearing of any

Commission order and can petition for

court review of any such order.

However, an intervenor must submit

copies of comments or any other filing

it makes with the Commission to every

other intervenor in the proceeding, as

well as 14 copies with the Commission.

A person does not have to intervene,

however, in order to have comments

considered. A person, instead, may

submit two copies of comments to the

Secretary of the Commission.

Commenters will be placed on the

Commission’s environmental mailing

list, will receive copies of

environmental documents and will be

able to participate in meetings

associated with the Commission’s

environmental review process.

Commenters will not be required to

serve copies of filed documents on all

other parties. However, commenters

will not receive copies of all documents

filed by other parties or issued by the

Commission and will not have the right

to seek rehearing or appeal the

Commission’s final order to a Federal

court.

The Commission will consider all

comments and concerns equally,

whether filed by commenters or those

requesting intervenor status.

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 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 is required by the public

convenience and necessity. If a motion

for leave to intervene is timely filed,

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 Texas Eastern to appear

or be represented at the hearing.

Linwood A. Watson, Jr.,

Acting Secretary.

[FR Doc. 98–10114 Filed 4–15–98; 8:45 am]

BILLING CODE 6717–01–M

DEPARTMENT OF ENERGY

Federal Energy Regulatory

Commission

[Docket No. SA98–78–000]

Total Minatome Corporation; Notice of

Petition for Adjustment

April 10, 1998.

Take notice that on March 25, 1998,

Total Minatome Corporation (Total

Minatome), filed a pleading that

consists of:

(1) Total Minatome’s response to an

ANR Pipeline Company (ANR) Kansas

ad valorem tax refund claim, with

respect to certain sales made by Lear

Petroleum Corporation (Lear

Petroleum), and for which Total

Minatome seeks a finding from the

Commission that Total Minatome has no

such refund liability; and

(2) Total Minatome’s petition, in the

event that the Commission finds that

Total Minatome has such refund

liability, for an adjustment pursuant to

Section 502(c) of the Natural Gas Policy

Act of 1978 (NGPA) [15 U.S.C. § 3142(c)

(1982)],1 relieving Total Minatome of

that refund liability.

Total Minatome’s pleading is on file

with the Commission and open to

public inspection.

On September 10, 1997, in Docket No.

RP97–369–000 et al., the Commission

issued an order,2 on remand from the

D.C. Circuit Court of Appeals,3 that

directed first sellers to make Kansas ad

valorem tax refunds, with interest, for

the period from 1983 to 1988. The

Commission’s September 10 order also

directed the pipelines to serve first

sellers with a Statement of Refunds Due

within 60 days of the date of the refund

order.

Total Minatome states that ANR

mailed Total Minatome a Statement of

Refunds Due that does not mention

Total Minatome, but instead pertains to

$81,000 in Kansas ad valorem tax

reimbursements that ANR made to Lear

Petroleum in 1984 and 1986.

Total Minatome states that it advised

ANR that ANR’s refund report had been

misdirected. Total Minatome states that

it also advised ANR: (1) That it acquired

the subject properties after the sales had

been made; (2) that, under the sales and

purchase agreement for those properties,

Total Minatome refused to accept

responsibility for refunds due to sales

made by Lear Petroleum before the

closing date of the property transfers;

and (3) that Total Minatome believes

that Lear Petroleum was acquired by an

affiliate of BP America, Inc. Total

Minatome states that ANR responded,

stating that Total Minatome was liable

for Lear Petroleum’s refund obligation,

because Total Minatome acquired the

properties from which the relevant sales

had been made.

Total Minatome advises the

Commission that it disagrees with

ANR’s position that Total Minatome has

such refund liability, on the basis that

Total Minatome made no sales to ANR

to which any Kansas ad valorem tax

refund obligation attaches. In view of

this, if the Commission believes that

such refund liability exists, Total

Minatome requests that the Commission

waive the refund obligation, to avoid

gross inequity. Total Minatome’s

petition also sets forth the details of its

position with respect to its disagreement

with ANR.

Any person desiring to be heard or to

make any protest with reference to said

petition should on or before 15 days

after the date of publication in the

Federal Register of this notice, file with

the Federal Energy Regulatory

Commission, 888 First Street, NE.,

Washington, DC 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, 385.211,

385.1105, and 385.1106). 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