[Federal Register Volume 59, Number 236 (Friday, December 9, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30305]


[[Page Unknown]]

[Federal Register: December 9, 1994]


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DEPARTMENT OF ENERGY
[Docket No. OR95-1-000]

 

Sinclair Oil Co. v. CITGO Products Pipeline Co., CITGO Petroleum 
Corp., and Lyondell-CITGO Refining Co., Ltd. Notice of Complaint

December 2, 1994.
    Take notice that on November 28, 1994, Sinclair Oil Corporation 
(Sinclair) filed a complaint against CITGO Products Pipeline Company 
(CITGO), CITGO's parent corporation, CITGO Petroleum Corporation (CITGO 
Petroleum), and CITGO's refining affiliate, Lyondell CITGO Refining 
Company, LTD. (Lyondell). Sinclair asserts that these parties 
(Respondents) have acted to violate the Interstate Commerce Act (ICA) 
and manipulate the pipeline in order to obtain a competitive advantage.
    Sinclair asserts that in September of 1994, CITGO purchased a 
petroleum products pipeline that runs from Houston, Texas to Drumright, 
Oklahoma, where the CITGO pipeline interconnects with several other 
pipelines, including a pipeline owned by Williams Pipe Line Company 
(Williams). Sinclair states that the Williams line delivers products in 
Kansas City and other Northern destinations. Sinclair further asserts 
that CITGO is presently transporting large quantities of petroleum 
products produced by Lyondell along the pipeline from Houston, past 
established terminals in Oklahoma, and through its terminal in 
Drumright into the Williams system. Despite the fact that Drumright has 
been an established interconnection point for the past four decades, 
Sinclair alleges, CITGO refuses to deliver gas and diesel fuel to 
competitors of the Lyondell affiliate at Drumright. Sinclair also 
states that CITGO has refused to publish a tariff from Houston to 
Shawnee, Oklahoma, an intermediate point on its pipeline at which 
product has been delivered to a Sinclair terminal for the past 46 
years; or from Ardmore, Oklahoma to Drumright or Shawnee. Sinclair 
argues that these actions and Respondents' discriminatory and 
preferential treatment of shippers violate sections 1(4), 3(1), 3(4), 
and 6(1) of the ICA.
    Sinclair requests that, pursuant to sections 13(1) of the ICA and 
Rule 206 of the Commission's Rules of Practice and Procedure, that the 
Commission order CITGO to (i) publish a tariff for the intermediate 
points on its pipeline, in particular Shawnee, Oklahoma, Ardmore, 
Oklahoma, and Drumright, Oklahoma, with a provision for the shipment of 
diesel fuel from Ardmore to Drumright based on the historical 
transportation of diesel fuel between these two points; (ii) to publish 
tariffs for interconnection points to other pipelines, in particular 
the interconnection to the Williams line at Drumright; (iii) to publish 
fair and reasonable prorationing policies for the shipment of all 
grades of gasoline and diesel fuel to all intermediate destination 
points on the CITGO pipeline and to Drumright, the terminus of the 
pipeline; (iv) to cease and desist its discrimination against Sinclair 
and other shippers and the preferences it is granting to its own 
affiliates, which are utilizing the same segment of CITGO's pipeline to 
which Sinclair is being denied access; and (v) to pay Sinclair and 
other similarly situated shippers damages and reparations, including 
the costs of this proceeding, interest, and attorneys fees.
    In addition, Sinclair asks the Commission to give expeditious 
treatment to its complaint in view of the irreparable injury that 
Sinclair will incur, and asks the Commission to shorten the time for 
responding to its complaint to seven days. Sinclair also requests that 
emergency interim relief be provided to mitigate the irreparable injury 
that Sinclair would otherwise incur and to effectuate the public policy 
objectives of the ICA.
    Any person desiring to be heard or to protest said complaint should 
file a motion to intervene or a protest with the Federal Energy 
Regulatory Commission, 825 North Capitol Street, NE., Washington, DC 
20426, in accordance with Rules 214 and 211 of the Commission's Rules 
of Practice and Procedure, 18 CFR 385.214, 385.214. All such motions or 
protests should be filed on or before December 19, 1994. Protests will 
be considered by the commission in determining the action to be taken, 
but will not serve to make protestants parties to the proceeding. 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. Answers to this complaint shall be due on or 
before December 19, 1994.
Lois D. Cashell,
Secretary.
[FR Doc. 94-30305 Filed 12-8-94; 8:45 am]
BILLING CODE 6717-01-M