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
Federal Register / Vol. 63, No. 73 /Thursday, April 16, 1998 / Notices 18901

1 82 FERC ¶ 62,140 (1998).

2 16 U.S.C. § 8251.

in accordance with the Commission’s

Rules.

Linwood A. Watson, Jr.,

Acting Secretary.

[FR Doc. 98–10087 Filed 4–15–98; 8:45 am]

BILLING CODE 6717–01–M

DEPARTMENT OF ENERGY

Federal Energy Regulatory

Commission

[Project No. 2459–060]

West Penn Power Company; Notice

Rejecting Request for Rehearing

April 10, 1998.

Take notice that on March 2, 1998, the

Acting Director, Office of Hydropower

Licensing, issued an order approving a

trail management plan for the Lake

Lynn Project No. 2459.1 On April 2,

1998, Friends of the Cheat Lake Trail

filed a request for rehearing of that order

with the Commission.

Section 313(a) of the Federal Power

Act 2 requires an aggrieved party to file

a request for rehearing within thirty

days after the issuance of the

Commission’s order, in this case by

April 1, 1998. Because the 30-day

deadline for requesting rehearing is

statutorily based, it cannot be extended

and Friends of the Cheat Lake Trail’s

request for rehearing must be rejected as

untimely.

This notice constitutes final agency

action. Requests for rehearing by the

Commission of this rejection notice may

be filed within 30 days of the date of

issuance of this notice, pursuant to 18

CFR 385.713.

Linwood A. Watson, Jr.,

Acting Secretary.

[FR Doc. 98–10085 Filed 4–15–98; 8:45 am]

BILLING CODE 6717–01–M

DEPARTMENT OF ENERGY

Federal Energy Regulatory

Commission

[Docket No. CP98–327–000]

Wyoming Interstate Company, Ltd. and

Colorado Interstate Gas Company;

Notice of Request Under Blanket

Authorization

April 10, 1998.

Take notice that on April 2, 1998,

Wyoming Interstate Company, Ltd.

(WIC), and Colorado Interstate Gas

Company (CIG) (both referred to as

Applicants), both at Post Office Box

1087, Colorado Springs, Colorado

80944, filed jointly in Docket No. CP98–

327–000 a request pursuant to Sections

157.205 and 157.212 of the

Commission’s Regulations (18 CFR

157.205, 157.212) under the Natural Gas

Act (NGA) for authorization to

construct, own and operate delivery

point facilities in Weld County,

Colorado, to enable both pipelines to

make deliveries to Public Service

Company of Colorado (PSCO), under

WIC’s blanket certificate issued in

Docket No. CP83–22 and CIG’s blanket

certificate issued in Docket No. CP83–

21–000, pursuant to Section 7 of the

NGA, all as more fully set forth in the

request that is on file with the

Commission and open to public

inspection.

Applicants propose to construct and

operate separate metering facilities

within the existing Cheyenne

Compressor Station yard in Weld

County to make deliveries from each

pipeline to PSCO, a local distribution

company, for its proposed Front Range

Pipeline. It is stated that each delivery

point would have a capacity of 255

Mmcf of natural gas per day. It is

explained that the end use of the gas

would be system supply for PSCO. It is

asserted that Applicants have tariffs

which provide for flexible receipt and

delivery points and that gas delivered at

the proposed facilities would be

transported under existing agreements

or by interruptible transportation

service. It is further asserted that the

proposed deliveries would have no

affect on Applicants’ peak day and

annual deliveries. It is stated that

Applicants have sufficient capacity to

accomplish the deliveries without

detriment or disadvantage to other

customers.

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 Procedural Rules (18 CFR

385.214) a motion to intervene or notice

of intervention and pursuant to Section

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 shall be deemed to

be authorized effective 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.

Linwood A. Watson, Jr.,

Acting Secretary.

[FR Doc. 98–10104 Filed 4–15–98; 8:45 am]

BILLING CODE 6717–01–M

DEPARTMENT OF ENERGY

Federal Energy Regulatory

Commission

[Docket No. EG98–63–000, et al.]

Bridgeport Energy LLC, et al.; Electric

Rate and Corporate Regulation Filings

April 10, 1998.

Take notice that the following filings

have been made with the Commission:

1. Bridgeport Energy LLC

[Docket No. EG98–63–000]

Take notice that on April 6, 1998,

Bridgeport Energy LLC, c/o Duke Energy

Power Services, 1077 Westheimer, Suite

975, Houston, Texas 77042, filed with

the Federal Energy Regulatory

Commission an application for

determination of exempt wholesale

generator status pursuant to Part 365 of

the Commission’s Regulations.

Bridgeport Energy LLC (Bridgeport

Energy) is a limited liability company

organized and existing under the laws of

the State of Delaware. Bridgeport Energy

is developing and will own and operate

a 520 MW combined cycle gas turbine

generating plant in Bridgeport,

Connecticut and the facilities necessary

to interconnect the generating plant to

the transmission grid of The United

Illuminating Company (UI) (the

Facility). The generating facility and

necessary interconnection facilities will

be eligible facilities for exempt

wholesale generator purposes. The

Facility will use natural gas as its fuel.

UI has separately obtained approval

from the Connecticut Department of

Public Utility Control (the DPUC), for

the method and manner of construction

of the interconnection facility through

an interim order issued December 31,

1997 and for certain lease and easement

arrangements related to the Facility by

order issued January 28, 1998. (See

Section II–6 below.) See ‘‘Application of

the United Illuminating Company for

Approval of Lease and Easements and

Method and Manner of Construction of

Transmission Line Tap at Bridgeport

Harbor Station,’’ Dkt. No. 97–11–25

(orders issued December 31, 1997 and

January 28, 1998).

Bridgeport Energy is the sole owner of

the Facility. The members of Bridgeport

Energy are Duke Bridgeport Energy, LLC