[Federal Register Volume 61, Number 90 (Wednesday, May 8, 1996)]
[Notices]
[Pages 20812-20813]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11424]



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DEPARTMENT OF ENERGY
[Docket No. CP96-358-000]


MidAmerican Energy Company v. Natural Gas Pipeline Company of 
America; Notice of Complaint

May 2, 1996.
    Take notice that on April 26, 1996, MidAmerican Energy Company 
(MidAmerican), P.O. Box 778, Sioux City, Iowa 51102, filed with the 
Commission in Docket CP96-358-000 a complaint against Natural Gas 
Pipeline Company of America (Natural), 701 East Lombard Street, 
Lombard, Illinois 60148-5072. MidAmerican states that its complaint is 
based on Natural's violation of Section 4 of the Natural Gas Act (NGA) 
and the Commission's orders thereunder in refusing to return 
approximately $5,000,000 worth of base (cushion) gas previously 
supplied by MidAmerican to support Rate Schedule LS-3 firm storage 
service (LS-3), all as more fully set forth in the complaint which is 
on file with the Commission and open to public inspection.
    MidAmerican states that Natural terminated such LS-3 service for 
its own use in order to replace it with new open access storage 
service, Delivered Storage Service (DSS), which MidAmerican converted 
to and under which Natural is obligated to provide all cushion gas 
volumes. MidAmerican asserts that Natural is required to return 
MidAmerican's LS-3 cushion gas volumes, and that its failure to do so 
violates the NGA, Natural's tariff sheets governing the transition from 
LS-3 to DSS service, and the certificate order authorizing LS-3 to DSS 
service, and the certificate order authorizing LS-3 service. 
MidAmerican asserts that Natural is claiming that it is entitled to 
retain a ``non-recoverable'' amount equal to approximately 75% of that 
cushion gas total, and MidAmerican maintains that it is entitled to the 
return of the entire amount of that cushion gas. MidAmerican alleges 
that Natural is thereby misappropriating the cushion gas supplied by 
MidAmerican for Natural's own use to support its new DSS service using 
the same storage field which supported LS-3 service, and is creating a 
discriminatory and anti-competitive economic barrier to its open-access 
storage service because MidAmerican in effect bears an entry fee of 
$5,000,000 which other DSS customers do not bear.
    MidAmerican requests that the Commission issue an order directing 
that Natural immediately return all cushion gas previously provided by 
MidAmerican to Natural pursuant to Natural's LS-3 storage service, and 
that if the Commission does not issue such an order, that the 
Commission issue an order requiring Natural to show cause why it is not 
in violation of the Natural Gas Act, Commission orders, and the express 
terms of its tariff for its failure to return such cushion gas to 
MidAmerican.
    Any person desiring to be heard or to make a protest with reference 
to MidAmerican's complaint should file with the Federal Energy 
Regulatory Commission, 888 First Street, N.E., Washington, D.C. 20426, 
a motion to intervene or protest in accordance with the Commission's 
Rules of Practice and Procedure (18 CFR 385.211 or 385.214). All such 
motions, together with the answer of Respondents to the complaint and 
motions, should be filed on or before May 23, 1996. Any person desiring 
to become a party must file a motion to intervene. Copies of this 
filing

[[Page 20813]]

are on file with the Commission and available for public inspection.
Linwood A. Watson, Jr.,
Acting Secretary.
[FR Doc. 96-11424 Filed 5-7-96; 8:45 am]
BILLING CODE 6717-01-M