[Federal Register Volume 60, Number 40 (Wednesday, March 1, 1995)]
[Notices]
[Page 11082]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4946]



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DEPARTMENT OF ENERGY
[Docket No. RP95-166-000]


Pan-Alberta Gas (U.S.) Inc. Complainant v. Pacific Gas and 
Electric Company and Pacific Gas Transmission Company Respondents; 
Notice of Complaint

February 23, 1995.
    Take notice that on February 16, 1995, Pan-Alberta Gas (U.S.) Inc. 
(PAG-US), submits for filing a complaint against Pacific Gas and 
Electric Company (PG&E) and Pacific Gas Transmission Company (PGT) 
(jointly, Respondents).
    PAG-US complains that the terms on which PG&E recently offered to 
permanently release a ``package'' of two assignments of FTS-1 capacity 
on the PGT system (PGT Release Package) are unlawfully discriminatory 
and anti-competitive.
    PAG-US argue that in its PGT Release Package, PG&E offered to 
permanently release (1) An unspecified quantity of capacity on the PGT 
System from Kingsgate, British Columbia to Malin, Oregon, and (2) a 
similarly unspecified quantity of separate, additional capacity on the 
system from Stanfield, Oregon\1\ to Malin. As a condition of the 
release, PG&E required that, for each unit of Kingsgate to Malin 
capacity sought by a bidder, that bidder would have to agree to take 
3.5 units of additional Stanfield to Malin capacity.

    \1\Stanfield is an intermediary point on the PGT system 
approximately halfway between Kingsgate and Malin.
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    PAG-US argue that PG&E's mandatory bundling of this unrelated PGT 
capacity (1) Constitutes an unlawful tying arrangement, (2) amount, in 
effect, to an unlawful attempt by PG&E to collect a rate in excess of 
the as billed rate for its Kingsgate to Malin capacity, and (3) 
violates the requirements of Order No. 636 and PGT's tariff that 
conditions imposed on capacity releases be reasonable and 
nondiscriminatory.
    PAG-US states that the Commission should (1) Set aside any capacity 
releases that may actually have been consummated on the discriminatory 
and anti-competitive terms of PG&E's January PGT Release Package, (2) 
require that, if PG&E still desires to release Kingsgate to Malin and 
Stanfield to Mailin capacity, it must do so on an unbundled basis, with 
neither block being mandatorily tied to the other, and (3) provide any 
additional relief which is deems appropriate in the circumstances.
    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, 385.211. All such motions or 
protests should be filed on or before March 27, 1995. Protests will be 
considered by the Commission in determining the appropriate 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 March 27, 1995.
Lois D. Cashell,
Secretary.
[FR Doc. 95-4946 Filed 2-28-95; 8:45 am]
BILLING CODE 6717-01-M