[Federal Register Volume 60, Number 130 (Friday, July 7, 1995)]
[Notices]
[Pages 35390-35391]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16659]



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DEPARTMENT OF ENERGY
[Docket No. RP95-360-000]


National Fuel Customer Group, et al. v. National Fuel Gas Supply 
Corporation; Notice of Complaint

June 30, 1995.
    Take notice that on June 27, 1995, the National Fuel Customer 
Group, Elizabethtown Gas Company, and consolidated Edison Company of 
New York, Inc. (Petitioners) filed a motion requesting the Commission 
to issue an order directing National Fuel Gas Supply Corporation 
(National Fuel) to comply with the settlement in Penn-York Energy 
Corporation, 64 FERC para. 61,040 (1993) (Penn-York settlement) by 
implementing as of May 1, 1995, subject to refund, the rolled-in rates 
accepted by the Commission in its June 14, 1995 order in Docket Nos. 
RP95-298-000 and RP95-31-007.
    Petitioners assert that National Fuel made a commitment in the 
Penn-York settlement to effectuate rolled-in rates. Petitioners submit 
that when National Fuel made this commitment it waived any discretion 
it had as to the date on which it would move rolled-in rates into 
effect. Petitioners contend that Article VIII of the Penn-York 
settlement requires National Fuel, by specified deadlines, to make an 
NGA section 4 rate change filing to implement rolled-in rates. 
Petitioners argue that the Penn-York settlement further obligates 
National Fuel to actively support its rolled-in rate proposal by 
participating in any hearing on the issue, filing supporting testimony, 
and, if necessary, requesting rehearing, and intervening in support of 
nay petitions for review. In return for this commitment, petitioners 
asserts National Fuel obtained numerous, substantial benefits.
    Petitioners complain that National Fuel, however, has repeatedly 
reneged 

[[Page 35391]]
on its commitment to roll-in the costs of Penn-York's services with 
those of National Fuel and implement rolled-in rates, and that National 
Fuel's disregard of its commitment has denied the former Penn-York 
customers an essential benefit under the Penn-York settlement. To 
correct this inequity, petitioners request that the Commission direct 
National Fuel to comply with the Penn-York settlement by implementing 
as of May 1, 1995, subject to refund, the rolled-in rates that the 
Commission accepted in its June 14 order.
    Any person desiring to be heard or to protest said complaint 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 Rules 214 and 211 of the Commission's Rules 
of Practice and Procedure, 18 CFR 385.214 and 18 CFR 385.211. All such 
motions or protests should be filed on or before July 31, 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 July 31, 1995.
Linwood A. Watson, Jr.,
Acting Secretary.
[FR Doc. 95-16659 Filed 7-6-95; 8:45 am]
BILLING CODE 6717-01-M