[Federal Register Volume 61, Number 80 (Wednesday, April 24, 1996)]
[Notices]
[Page 18132]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10029]



-----------------------------------------------------------------------

DEPARTMENT OF ENERGY
[Docket No. CP96-270-000]


Mid Continent Market Center, Inc., Complainant v. Panhandle 
Eastern Pipe Line Company, Respondent; Notice of Complaint

April 18, 1996.
    Take notice that on March 21, 1996, Mid Continent Market Center, 
Inc. (Mid Continent), P.O. Box 889, 818 Kansas Avenue, Topeka, Kansas 
66601, filed a complaint in Docket No. CP96-270-000, pursuant to 
Section 385.206 of the Commission's Rules of Practice and Procedure. 
Mid Continent charges Panhandle Eastern Pipe Line Company (Panhandle) 
with undue discrimination and anticompetitive behavior for its failure 
to timely agree to modify a delivery point and provide natural gas 
transportation service. The details of Mid Continent's allegations are 
more fully set forth in the complaint which is on file with the 
Commission and open to public inspection.
    Mid Continent is a wholly owned subsidiary of Western Resources, 
Inc., a combination electric and gas utility with operations in Kansas 
and Oklahoma. Western Resources, Inc. was authorized by the Kansas 
Corporation Commission to transfer certain transmission, storage and 
gathering facilities to Mid Continent in June 1995. Mid Continent is 
interconnected with four interstate and four intrastate pipelines and 
provides firm and interruptible natural gas transportation service as 
well as short-term storage and balancing services. In Docket No. CP95-
684-000, the Commission granted Mid Continent a Hinshaw exemption and a 
Part 284 Blanket Certificate to transport, sell, and assign gas in 
interstate commerce (72 FERC para. 62,274 (1995)).
    Mid Continent alleges that Panhandle has exercised undue 
discrimination and anticompetitive behavior by delaying and/or refusing 
to modify interconnect facilities with a pipeline that Mid Continent 
has contracted to purchase from KN Interstate Gas Transmission Company. 
The proposed interconnects would be in the vicinity of Panhandle's 
Haven, Kansas compressor station in Reno County, Kansas. The 
interconnects would allow Mid Continent to deliver up to 100,000 MMBtu 
per day into Panhandle's market area on an interruptible basis. Mid 
Continent also says that gas delivered to Panhandle could move via 
released capacity or under firm contracts held on Panhandle by Mid 
Continent's customers.
    Mid Continent asks the Commission to order Panhandle to cease its 
discriminatory and anticompetitive behavior and allow modification of 
the interconnects, at Mid Continent's expense. According to Mid 
Continent, Panhandle has built interconnections for other similarly 
situated interruptible shippers, Kansas Pipeline Partnership (KPP) and 
National Steel Corporation, but has rejected other like requests. One 
such rejected request, made jointly by Missouri Gas Energy (MGE) and 
KPP, is the subject of the pending complaint by MGE in Docket No. CP95-
755-000.
    Mid Continent urges the Commission to stop Panhandle from 
preferentially providing new interruptible interconnects to certain 
shippers while denying interconnects to competing systems such as Mid 
Continent. Mid Continent says that Panhandle is restraining competition 
and keeping its customers captive by denying those customers access to 
competitive options.
    Mid Continent says that Panhandle's tariff requires only that a 
party seeking service reimburse Panhandle or cause Panhandle to be 
reimbursed for the costs associated with construction or modification 
of the receipt and delivery facilities to be used. Mid Continent says 
that it is committed to reimburse Panhandle for such costs.
    Mid Continent also alleges Panhandle's actions violate the pro-
competitive policies underlying antitrust laws, which the Commission is 
bound to apply. Mid Continent says that it needs expeditious action by 
the Commission so that it can construct its own related facilities in 
time for an opportunity to compete with Panhandle for service to 
Panhandle's customers as their current firm contracts expire this year. 
Absent relief, Mid Continent seeks a full evidentiary hearing on an 
expedited basis.
    Any person desiring to be heard or to make protest with reference 
to this complaint should on or before May 3, 1996, file with the 
Federal Energy Regulatory Commission, 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 or 
385.211). 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. Answers to the complaint shall be due on or before 
May 3, 1996.
Lois D. Cashell,
Secretary.
[FR Doc. 96-10029 Filed 4-23-96; 8:45 am]
BILLING CODE 6717-01-M