[Federal Register Volume 59, Number 154 (Thursday, August 11, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-19588] [[Page Unknown]] [Federal Register: August 11, 1994] ----------------------------------------------------------------------- DEPARTMENT OF ENERGY [Docket No. RP94-349-000] Black Marlin Pipeline Co.; Proposed Changes in FERC Gas Tariff August 5, 1994. Take notice that on August 3, 1994, Black Marlin Pipeline Company (Black Marlin) tendered for filing to become part of Black Marlin's FERC Gas Tariff, First Revised Volume No. 1, the following tariff sheets, proposed to be effective September 1, 1994: Second Revised Sheet No. 212 Second Revised Sheet No. 213 Black Marlin states that in Order No. 636, et seq. the Commission permitted pipelines to allocate capacity on the basis of economic value to shippers rather than on a first-come, first-served basis which had been established as the standard under Order No. 436. Virtually all pipelines now schedule and curtail interruptible capacity based on the price, or rate, being paid for such capacity with a pro rata allocation, if necessary, among Shippers paying the same price. Although Black Marlin is not a capacity constrained pipeline and scheduling and curtailment priorities have not been issues in the Black Marlin proceedings, Black Marlin states that it is filing herein to change and clarify the operation of the scheduling and curtailment provisions of its tariff. The currently effective Section 9, Scheduling and Curtailment, of the General Terms and Conditions (GTC) of Black Marlin's FERC Gas Tariff, First Revised Volume No. 1 provides that scheduling and curtailment will be based on the rate being paid for capacity within each scheduling and curtailment category. However, this Section also retains language regarding the first-come, first-served basis and priority dates which were originally established pursuant to Order No. 436. Black Marlin states that it is filing herein to eliminate language regarding the first-come, first-served methodology and priority dates so that it is clear that scheduling and curtailment on Black Marlin is done by price, and pro rata at each price level. Black Marlin requests that the Commission grant any and all waivers of its rules, regulations, and orders as may be necessary, specifically (but not limited to) Section 154.22 of the Commission's Regulations, so as to permit the tariff sheets submitted herewith to become effective September 1, 1994. Additionally, although Black Marlin is posting the current log of allocation data for marketing affiliates, Black Marlin states that it is not capacity constrained (current gas flow is approximately 50% of total capacity) and no allocation of capacity is required. Therefore, Black Marlin requests waiver effective August 1, 1994 of 18 CFR 250.16(c) that requires a log of data used to allocate capacity to be posted for marketing affiliates and maintained for non-affiliates, and waiver of any other rules, regulations, and orders as may be necessary to allow such waiver to become effective August 1, 1994. Black Marlin further states that copies of the filing have been mailed to each of its customers affected by this filing and interested state commissions. Any person desiring to be heard or to protest said filing should file a motion to intervene or protest with the Federal Energy Regulatory Commission, 825 North Capitol Street, N.E., Washington, D.C. 20426, in accordance with Sections 385.214 and 385.211 of the Commission's Rules and Regulations. All such motions or protests should be filed on or before August 12, 1994. Protests will be considered by the Commission in determining the appropriate actions to be taken, but will not serve to make protestants parties to the proceedings. Any person wishing to become a party must file a motion to intervene. Copies of this filing are on file with the Commission and are available for public inspection. Linwood A. Watson, Jr., Acting Secretary. [FR Doc. 94-19588 Filed 8-10-94; 8:45 am] BILLING CODE 6717-01-M