[Federal Register Volume 59, Number 44 (Monday, March 7, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-5095]


[[Page Unknown]]

[Federal Register: March 7, 1994]


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DEPARTMENT OF ENERGY
18 CFR Part 271

[Docket No. RM91-8-004]

 

Order Qualifying Certain Tight Formation Gas for Tax Credits

Issued March 1, 1994.
AGENCY: Federal Energy Regulatory Commission.

ACTION: Final rule; order denying extension request.

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SUMMARY: The Federal Energy Regulatory Commission is issuing an order 
denying the request to extend the April 30, 1994 deadline for 
jurisdictional agencies to submit their Natural Gas Policy Act well 
determinations to the Commission.

EFFECTIVE DATE: This final rule is effective March 1, 1994.

FOR FURTHER INFORMATION CONTACT: Jacob Silverman, Office of the General 
Counsel, Federal Energy Regulatory Commission, 825 North Capitol 
Street, NE., Washington, DC 20426, (202) 208-2078.

SUPPLEMENTARY INFORMATION: In addition to publishing the full text of 
this document in the Federal Register, the Commission also provides all 
interested persons an opportunity to inspect or copy the contents of 
this document during normal business hours in room 3104, 941 North 
Capitol Street, NE., Washington, DC 20426.
    The Commission Issuance Posting System (CIPS), an electronic 
bulletin board service, provides access to the text of formal documents 
issued by the Commission. CIPS is available at no charge to the user 
and may be accessed using a personal computer with a modem by dialing 
(202) 208-1379. To access CIPS, set your communications software to use 
300, 1200, or 2400 bps, full duplex, no parity, 8 data bits, and 1 stop 
bit. CIPS can also be accessed at 9600 bps by dialing (202) 208-1781. 
The full text of this rule will be available on CIPS for 30 days from 
the date of issuance. The complete text on diskette in Wordperfect 
format may also be purchased from the Commission's copy contractor, La 
Dorn Systems Corporation, located in room 3104, 941 North Capitol 
Street, NE., Washington, DC 20426.

Order Denying Extension Request

Issued March 1, 1994.
    Before Commissioners: Elizabeth Anne Moler, Chair; Vicky A. 
Bailey, James J. Hoecker, William L. Massey, and Donald F. Santa, 
Jr.

    In Order No. 5391 the Commission initially established a June 
30, 1993 deadline for jurisdictional agencies to submit well category 
determinations to the Commission in light of the repeal of title I of 
the Natural Gas Policy Act of 1978 (NGPA) effective January 1, 1993. 
The Commission believed that this would provide sufficient time for an 
orderly end to the determination program. However, in response to 
requests by jurisdictional agencies for extensions of the deadline, the 
Commission extended that deadline on three different occasions in order 
to allow jurisdictional agencies additional time to process and submit 
their determinations to the Commission. First the Commission extended 
the deadline until September 30, 1993, for all jurisdictional 
agencies;2 then until April 30, 1994, for certain specified 
jurisdictional agencies;3 and later until April 30, 1994, for all 
jurisdictional agencies.4
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    \1\Qualifying Certain Tight Formation Gas for Tax Credits, FERC 
Statutes & Regulations, 30,940 (1992); 57 FR 13009 (April 15, 
1992).
    \2\Order No. 539-A, FERC Statutes & Regulations 30,947 (1992); 
57 FR 31123 (July 14, 1992).
    \3\Order No. 539-B, FERC Statutes & Regulations 30,968 (April 
15, 1993); 58 FR 19607 (April 15, 1993).
    \4\Order No. 539-C, FERC Statutes & Regulations 30,973 (1993); 
58 FR 38528 (July 19, 1993).
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    On January 25, 1994, a number of offices of the Bureau of Land 
Management, United States Department of the Interior (BLM) in two 
states5 requested the Commission to further extend the April 30, 
1994 deadline6 until August 31, 1994. In support of the request, 
BLM stated that their pending workload was extremely heavy and the 
extension was necessary to ensure that all applications were properly 
reviewed. BLM claimed that this situation had developed because of a 
number of factors, such as the extreme weather and road conditions 
which caused delays in well completions and pipeline gathering systems; 
the increased number of applications after the issuance of Order No. 
539-C; and the difficulties that producers have had in completing their 
wells to provide the necessary paperwork to BLM. BLM also asserts that 
there is the likelihood that there will be numerous preliminary 
negative determinations and appeals by applicants protesting those 
determinations which BLM will have to review before BLM can issue the 
final determinations.
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    \5\The New Mexico State offices in Santa Fe and Albuquerque, and 
the Wyoming State offices in Cheyenne, Rawlins, and Rock Springs.
    \6\Since the April 30, 1994 deadline falls on a Saturday, the 
deadline is May 2, 1994.
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    In Order No. 539-B, issued on April 15, 1993, the Commission stated 
that it was desirable to conclude the determination process as soon as 
possible and, accordingly, the Commission stated that it ``will not 
grant any extension beyond April 30, 1994.''7 The April 30, 1994 
deadline allowed jurisdictional agencies 16 months after the repeal of 
title I of the NGPA to process applications and submit the 
determinations to the Commission. Moreover, since April 15, 1993, 
agencies have been on notice that there would be no further extensions 
of the April 30, 1994 deadline. The Commission believes that it has 
allowed jurisdictional agencies sufficient time to complete the 
processing of applications while at the same time ending the 
determination program within a reasonable time after the repeal date of 
January 1, 1993. Accordingly, the Commission denies BLM's request.
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    \7\FERC Statutes & Regulations 30,968 at 30,834.
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The Commission Orders

    The request of BLM for extension of the April 30, 1994 deadline for 
jurisdictional agencies to submit well category determinations to the 
Commission is denied.

    By the Commission.
Linwood A. Watson, Jr.,
Acting Secretary.
[FR Doc. 94-5095 Filed 3-4-94; 8:45 am]
BILLING CODE 6717-01-P