[Federal Register Volume 61, Number 37 (Friday, February 23, 1996)]
[Notices]
[Page 6989]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4045]



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DEPARTMENT OF ENERGY
[Docket No. CP96-186-000]


ANR Pipeline Company; Notice of Application

February 16, 1996.
    Take notice that on February 12, 1996, ANR Pipeline Company (ANR), 
500 Renaissance Center, Detroit, Michigan 48243, filed an application 
pursuant to Sections 7(b) and 7(c) of the Natural Gas Act, for 
authority (1) to abandon by transfer to ANR Field Services Company (ANR 
Field Services), its affiliate, certain certificated and non-
certificated facilities and (2) to refunctionalize certain facilities 
as transmission facilities and for a finding that the facilities to be 
transferred to ANR Field Services will be non-jurisdictional, all as 
more fully set forth in the application which is on file with the 
Commission and open to public inspection.
    ANR states that, historically, it purchased substantial natural gas 
supplies in its Southwest area (in Oklahoma, Texas, and Kansas). ANR 
also purchased production in Wyoming. To connect these supplies, ANR 
constructed extensive gathering systems into the producing areas of 
these states. ANR asserts that the location, extent, and configuration 
of these systems were specifically designed and operated to support the 
merchant function. Some of the gathering facilities constructed were 
contiguous and some were non-contiguous.
    ANR indicates that as a result of Order No. 636 and unbundling, it 
no longer has a merchant function and does not desire to be a provider 
of gathering services in this region. Accordingly, ANR no longer has a 
need to own and operate its Southwest gathering facilities either to 
access system supply or provide gathering services. Therefore, ANR 
proposes to ``spin down'' certain of its Southwest Area facilities 
currently classified as gathering to ANR Field Services. ANR states 
that it has entered into a purchase and sale agreement with ANR Field 
Services whereby ANR Field Services will assume ownership and operation 
of transferred facilities and will provide gathering services. The 
agreement provides that the facilities will be sold at the net book 
value of the assets. The facilities proposed to be transferred include 
530 miles of pipeline, 2,700 horsepower of compression and appurtenant 
facilities, and metering and/or recording equipment at 351 locations.
    In conjunction with the proposed transfer, ANR also requests that 
the Commission make a finding that such facilities will be non-
jurisdictional facilities and that the service to be provided through 
such facilities will not be subject to the Commission's jurisdiction. 
ANR asserts that the facilities proposed to be transferred are 
gathering facilities and exempt from Commission jurisdiction pursuant 
to Section 1(b) of the Natural Gas Act. In support of this assertion, 
ANR states that it has presented evidence that the facilities qualify 
as gathering facilities consistent with the Commission's Modified 
Primary Function Test.\1\

    \1\ Citing Amerada Hess Corporation, 52 FERC para. 61,268 
(1990).
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    ANR also proposes to refunctionalize certain facilities which are 
presently classified for rate and accounting purposes as gathering 
facilities, but which ANR asserts should be classified as transmission 
under the Commission's Modified Primary Function Test.
    Any person desiring to be heard or to make any protest with 
reference to said application should on or before March 8, 1996, file 
with the Federal Energy Regulatory Commission, Washington, D.C. 20426, 
a motion to intervene or a protest in accordance with the requirements 
of the Commission's Rules of Practice and Procedure (18 CFR 385.214 or 
385.211) and the Regulations under the Natural Gas Act (18 CFR 157.10). 
All protests filed with the Commission will be considered by it in 
determining the appropriate action to be taken but will not serve to 
make the protestants parties to the proceeding. Any person wishing to 
become a party to a proceeding or to participate as a party in any 
hearing therein must file a motion to intervene in accordance with the 
Commission's Rules.
    Take further notice that, pursuant to the authority contained in 
and subject to jurisdiction conferred upon the Federal Energy 
Regulatory Commission by Sections 7 and 15 of the Natural Gas Act and 
the Commission's Rules of Practice and Procedure, a hearing will be 
held without further notice before the Commission or its designee on 
this application if no motion to intervene is filed within the time 
required herein, if the Commission on its own review of the matter 
finds that a grant of the certificate and permission and approval for 
the proposed abandonment is required by the public convenience and 
necessity. If a motion for leave to intervene is timely filed, or if 
the Commission on its own motion believes that a formal hearing is 
required, further notice of such hearing will be duly given.
    Under the procedure herein provided for, unless otherwise advised, 
it will be unnecessary for ANR to appear or be represented at the 
hearing.
Lois D. Cashell,
Secretary.
[FR Doc. 96-4045 Filed 2-22-96; 8:45 am]
BILLING CODE 6717-01-M