[Federal Register Volume 61, Number 80 (Wednesday, April 24, 1996)] [Notices] [Page 18132] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-10029] ----------------------------------------------------------------------- DEPARTMENT OF ENERGY [Docket No. CP96-270-000] Mid Continent Market Center, Inc., Complainant v. Panhandle Eastern Pipe Line Company, Respondent; Notice of Complaint April 18, 1996. Take notice that on March 21, 1996, Mid Continent Market Center, Inc. (Mid Continent), P.O. Box 889, 818 Kansas Avenue, Topeka, Kansas 66601, filed a complaint in Docket No. CP96-270-000, pursuant to Section 385.206 of the Commission's Rules of Practice and Procedure. Mid Continent charges Panhandle Eastern Pipe Line Company (Panhandle) with undue discrimination and anticompetitive behavior for its failure to timely agree to modify a delivery point and provide natural gas transportation service. The details of Mid Continent's allegations are more fully set forth in the complaint which is on file with the Commission and open to public inspection. Mid Continent is a wholly owned subsidiary of Western Resources, Inc., a combination electric and gas utility with operations in Kansas and Oklahoma. Western Resources, Inc. was authorized by the Kansas Corporation Commission to transfer certain transmission, storage and gathering facilities to Mid Continent in June 1995. Mid Continent is interconnected with four interstate and four intrastate pipelines and provides firm and interruptible natural gas transportation service as well as short-term storage and balancing services. In Docket No. CP95- 684-000, the Commission granted Mid Continent a Hinshaw exemption and a Part 284 Blanket Certificate to transport, sell, and assign gas in interstate commerce (72 FERC para. 62,274 (1995)). Mid Continent alleges that Panhandle has exercised undue discrimination and anticompetitive behavior by delaying and/or refusing to modify interconnect facilities with a pipeline that Mid Continent has contracted to purchase from KN Interstate Gas Transmission Company. The proposed interconnects would be in the vicinity of Panhandle's Haven, Kansas compressor station in Reno County, Kansas. The interconnects would allow Mid Continent to deliver up to 100,000 MMBtu per day into Panhandle's market area on an interruptible basis. Mid Continent also says that gas delivered to Panhandle could move via released capacity or under firm contracts held on Panhandle by Mid Continent's customers. Mid Continent asks the Commission to order Panhandle to cease its discriminatory and anticompetitive behavior and allow modification of the interconnects, at Mid Continent's expense. According to Mid Continent, Panhandle has built interconnections for other similarly situated interruptible shippers, Kansas Pipeline Partnership (KPP) and National Steel Corporation, but has rejected other like requests. One such rejected request, made jointly by Missouri Gas Energy (MGE) and KPP, is the subject of the pending complaint by MGE in Docket No. CP95- 755-000. Mid Continent urges the Commission to stop Panhandle from preferentially providing new interruptible interconnects to certain shippers while denying interconnects to competing systems such as Mid Continent. Mid Continent says that Panhandle is restraining competition and keeping its customers captive by denying those customers access to competitive options. Mid Continent says that Panhandle's tariff requires only that a party seeking service reimburse Panhandle or cause Panhandle to be reimbursed for the costs associated with construction or modification of the receipt and delivery facilities to be used. Mid Continent says that it is committed to reimburse Panhandle for such costs. Mid Continent also alleges Panhandle's actions violate the pro- competitive policies underlying antitrust laws, which the Commission is bound to apply. Mid Continent says that it needs expeditious action by the Commission so that it can construct its own related facilities in time for an opportunity to compete with Panhandle for service to Panhandle's customers as their current firm contracts expire this year. Absent relief, Mid Continent seeks a full evidentiary hearing on an expedited basis. Any person desiring to be heard or to make protest with reference to this complaint should on or before May 3, 1996, file with the Federal Energy Regulatory Commission, Washington, DC 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). 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. Answers to the complaint shall be due on or before May 3, 1996. Lois D. Cashell, Secretary. [FR Doc. 96-10029 Filed 4-23-96; 8:45 am] BILLING CODE 6717-01-M