Federal Register / Vol. 61, No. 94 / Tuesday, May 14, 1996 / Notices 24299

1CNR is a wholly-owned subsidiary of the

Columbia Gas System, Inc.; headquartered in

Charleston, West Virginia; and incorporated in

Texas and licensed to do business in the States of

Illinois, Indiana, Kentucky, Maryland, Michigan,

New York, Ohio, Pennsylvania, Virginia and West

Virginia. CNR performs all the oil and gas drilling

and production operations of The Columbia Gas

System, Inc., in the Eastern United States. CNR

owns an interest in over 6,500 oil and gas wells and

has total acreage holdings of more than 2.3 million

acres. Approximately two-thirds of CNR’s natural

gas production flows through the facilities subject

to CNR’s petition.

2A companion application was filed by Columbia

in Docket No. CP96–386–000 for authorization to

abandon the certificated portion of the facilities by

sale to CNR.

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 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 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 Columbia to appear or

be represented at the hearing.

Linwood A. Watson, Jr.,

Acting Secretary.

APPENDIX—COLUMBIA GAS TRANSMISSION CORPORATION SUMMARY OF CERTIFICATED AND UNCERTIFICATED FACILITIES

TO BE SPUNDOWN BY TRANSFER AND SALE TO CNR

Gathering system

Pipeline System pressure

(psig)

Compressor

(HP) Length

(miles)

Diameter

(inches)

Total

No.

1 Summit .............................................................................................. 9 2–6 8 90–200 0

2 Ohiopyle ............................................................................................ 17 2–12 5 ...................... 0

3 Walbridge .......................................................................................... 143 2–8 267 40–80 0

4 Hubball-Horse Creek-Nye ................................................................. .................... 2–20 1,322 40–80 820

5 Buff Lick ............................................................................................ 212 (1) 286 2–100 Yes

6 Inez-Kermit ........................................................................................ 635 1–18 984 40–80 959

7 Beaver Creek .................................................................................... 93 1–12 133 10–70 0

8 Boldman ............................................................................................ 288 1–18 364 50–180 0

9 Johns Creek ...................................................................................... 21 2–8 26 35–60 300

10 Canada (P–74) ................................................................................. 95 2–10 151 100–120 300

11 Canada (P–28) ................................................................................. 13 2–8 9 40–100 0

12 Conaway ........................................................................................... 121 2–20 149 70–120

250–400

900

13 Majestic Thacker ............................................................................... 152 1–10 184 30–70 950

14 Briar Mountain .................................................................................. 16 2–6 19 20–60 300

15 Stafford ............................................................................................. 32 1–6 49 45–75 Yes

16 Huff Creek (V–38) ............................................................................. .................... 2–10 17 75–125 Yes

17 McDowell–Tazewell .......................................................................... 41 2–6 46 30–50 0

18 Egeria ................................................................................................ 20 2–6 37 30–50 Yes

1Various.

[FR Doc. 96–11983 Filed 5–13–96; 8:45 am]

BILLING CODE 6717–01–M

[Docket No. CP–96–385–000]

Columbia Natural Resources, Inc.;

Notice of Petition for Declaratory Order

Take notice that on April 29, 1996,

Columbia Natural Resources, Inc.

(CNR),1 P.O. Box 6070, Charleston, West

Virginia 25362–0070, filed in Docket

No. CP96–385–000 a petition pursuant

to Section 16 of the Natural Gas Act

(NGA) and Rule 207(a)(2) of the

Commission’s Rules of Practice and

Procedure (18 CFR 385.207(a)(2)), for a

declaratory order disclaiming

Commission jurisdiction over certain

facilities, operations, rates and the

services provided through the facilities,

all as more fully set forth in the petition

which is on file with the Commission

and open to public inspection.

CNR seeks a declaratory order from

the Commission finding that certain

certificated and uncertificated natural

gas gathering facilities, and the

ownership and operation of those

facilities, proposed to be acquired from

Columbia Gas Transmission Corporation

(Columbia) would not be subject to the

jurisdiction of the Commission under

the NGA upon transfer of the facilities.2

CNR seeks a determination that the

Commission’s authority to regulate rates

under Sections 4 and 5 of the NGA does

not extend to CNR’s gathering system as

it is proposed to be operated.

CNR states that the facilities are

located in Fayette and Somerset

Counties, Pennsylvania; Dickenson,

Tazewell and Buchanan Counties,

Virginia; Pike, Knott, Breathitt,

Magoffin, Floyd, Johnson, Lawrence,

Letcher and Martin Counties, Kentucky;

and Kanawha, Boone, Cabell, Logan,

Putnam, Wyoming, Raleigh, Fayette,

Mercer, McDowell, Mingo, Wayne and

Lincoln Counties, West Virginia. CNR

describes the facilities as eighteen

gathering systems composed of ‘‘webtype’’ or ‘‘backbone’’ configurations of

lines that are of a size and operated at

pressures consistent with the gathering

function, located in a production area,

upstream of processing facilities, and

gather gas from receipt points for

subsequent delivery to Columbia’s

transmission lines or to other points of

delivery on the gathering system.

CNR asserts that the individual

elements of the ‘‘Modified Primary

Function’’ Test, when applied to these
24300 Federal Register / Vol. 61, No. 94 / Tuesday, May 14, 1996 / Notices

3Only Mountaineer receives NTS service.

eighteen gathering systems, demonstrate

that these Facilities would perform a

gathering function in CNR’s possession.

The following statements are those of

CNR.

(1) Length and Diameter of the

Lines—Although it is difficult to

generalize about so many lines, it is

clear that the great majority of these

lines are small diameter, short lines,

consistent with the configuration of

gathering area lines. While some lines

are larger than the 2.375’’ to 8.625’’ lines

which predominate, or greater than a

mile in length, such lines do not exceed

a size or a length appropriate for a

gathering function in similar

circumstances, e.g., to transport gas

gathered from other lines either directly

or indirectly to transmission lines.

(2) Extension Beyond a Central Point

in the Field—Unlike other production

areas such as those in the Southwest,

the ‘‘central point in the field test’’ is

not generally applicable to those

systems, given the unique geography

and development of the Appalachian

gathering area. Therefore, this test

provides little guidance in determining

the primary function of Appalachian

gathering systems such as those under

consideration here.

(3) Location of Compressors and

Processing Plants—There are no

processing plants upstream of these

Facilities, and only twelve compressors

on these eighteen gathering systems.

Those twelve compressors are either

field boosters which are necessary to

move gas over these low pressure

systems, or compress the gas for entry

into transmission lines.

(4) Geographic Configuration—An

examination of the maps contained in

Exhibits Z and Z1 of Columbia’s

abandonment application shows that

these Facilities form a ‘‘web-type’’ or

‘‘backbone’’ configuration and are

located in a production area where they

function as a production area gathering

network.

(5) Location of Wells—Each of these

eighteen gathering systems collects gas

from wells at production area receipt

points located along or throughout each

system.

(6) Operating Pressure of the Lines—

The operating pressure of the lines is

low, typically less than 100 psig, and in

all cases entirely consistent with a

gathering facility characterization in

these low pressure production areas.

(7) Purpose, Location and Operation

of the Facilities—The facilities are

located in a production area, and used

to provide gathering service by their

present owner and operator. Even the

few facilities functionalized on

Columbia’s books of account as

transmission either now perform a

gathering function or would do so when

owned and operated by CNR.

(8) The Owner’s General Business

Activity—CNR, the proposed owner of

these Facilities, would be a gatherer, not

an interstate transporter, of gas. It

intends to have no jurisdictional

transmission facilities. Therefore, these

Facilities would be gathering facilities

after the proposed transfer.

CNR states that it would operate the

facilities as an independent gas gatherer

to provide gas gathering and related

services on an open access,

nonjurisdictional, nondiscriminatory

basis to all customers. CNR states that

no existing shipper on any of these

eighteen gathering systems would be

faced with any reduction or loss of

gathering service. CNR explains that it

intends to provide substitute

nonjurisdictional alternatives to the

service provided by Columbia in

connection with its transportation

service under certain rate schedules in

Columbia’s Second Revised Volume No.

1 FERC Gas Tariff. Further, CNR would

attempt to negotiate new gathering

agreements with Columbia’s shippers.

However, if CNR is unable to reach

agreement with an existing gathering

shipper, CNR would offer such existing

shippers a default contract under which

they would continue to be able to

receive gathering service for a two-year

period, under rates, terms and

conditions consistent with those under

which Columbia currently provides

these gathering services. Proposed

default gathering contracts would be

submitted if the parties were unable to

negotiate mutually agreeable

arrangements.

CNR advises that Columbia currently

utilizes certain of the Facilities to

deliver gas scheduled under Rate

Schedules FTS, NTS,3 and SST to

Mountaineer Gas Company

(Mountaineer) and Columbia Gas of

Kentucky, Inc. (CKY), at Town Border

Stations. CNR plans to provide

nonjurisdictional direct delivery service

to Mountaineer and CKY, after the

proposed sale. Negotiations are

progressing with these two local

distribution companies for the

development of agreements for such

service by CNR.

CNR advises that, in addition to direct

delivery service at Town Border

Stations, Columbia utilizes many of the

Facilities to also deliver gas to certain

Mainline Tap Consumers served by

these local distribution companies and

by Columbia Gas of Pennsylvania, Inc.

These Mainline Tap Consumers are

attached directly to Columbia gathering

lines and, typically, are found in areas

which are remote from the nearest

measured distribution system and may

own land over which Columbia’s

gathering lines have been laid. Upon the

transfer of the Facilities to CNR,

deliveries to these Mainline Tap

Consumers would be continued by CNR

on a nonjurisdictional basis.

CNR further advises that, in the

companion application filed in Docket

No. CP96–386–000, Columbia proposes

to abandon two Points of Delivery at

exchange points on the Facilities with

CNG Transmission Corporation under

Columbia’s Rate Schedule X–35 and X–

84. However, the remaining exchange

points under these rate schedules would

not be affected by the proposed transfer

of the Facilities to CNR and exchange

services would continue to be provided

under Rate Schedules X–35 and X–84.

CNR also advises that Ashland

Exploration, Inc., delivers gas from its

own production into Columbia’s Canada

(P–28) Gathering System. Some of that

gas is delivered to approximately 170

customers of Ashland located on that

system. CNR intends to work with

Ashland to develop an appropriate

replacement, if necessary, for the service

currently provided by Columbia.

Any person desiring to be heard or to

make any protest with reference to said

petition should on or before May 20,

1996, 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

384.214 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.

Linwood A. Watson, Jr.,

Acting Secretary.

[FR Doc. 96–11986 Filed 5–13–96; 8:45 am]

BILLING CODE 6717–01–M

[Docket No. CP96–97–000]

Eastern Shore Natural Gas Company;

Notice of Technical Conference

May 8, 1996.

Take notice that a technical

conference will be convened in the

above-docketed proceeding on