[Federal Register Volume 61, Number 180 (Monday, September 16, 1996)]
[Notices]
[Pages 48673-48674]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23595]


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DEPARTMENT OF ENERGY
[Docket No. OR96-18-000]


Williams Pipe Line Company; Notice of Declaratory Order

September 10, 1996.
    Take notice that on August 23, 1996, Williams Pipe Line Company 
(WPL), pursuant to Rule 207(a)(2) of the Commission's Rules of Practice 
and Procedure, 18 CFR 387.207(a)(2), tendered for filing a request for 
declaratory order.
    WPL states that the matter concerns odorized propane delivered by 
WPL to one of its shippers, Empire Gas Corporation (Empire), which was 
trucked by Empire and delivered into a propane storage tank attached to 
a mobile home. WPL states that when the propane subsequently leaked 
into the mobile home, an explosion occurred, injuring the two 
occupants. Following settlement and payment of the claims, WPL sued 
Empire for indemnification, pursuant to the provisions of its FERC 
tariff. A District Court found that the tariff's indemnification clause 
was country to public policy and WPL appealed to the United States 
Court of Appeals for the Tenth Circuit. WPL states that invoking the 
doctrine of primary jurisdiction, the Tenth Circuit held that the 
Commission should, in the first instance, be entitled to rule on the 
scope and enforceability of the indemnification clause of WPL's tariff.
    WPL further states that the Tenth Circuit determined that FERC's 
expertise should be sought on whether the indemnification provision 
violated FERC policy per se and, secondly, whether in light of the 
parties' stipulation on the absence of negligence on WPL's part, the 
Commission would require indemnification on the instant facts, 
notwithstanding that the tariff language itself might be found to be 
overly broad or otherwise invalid in whole or part. WPL asks that the

[[Page 48674]]

Commission find that WPL's tariff indemnity provision in effect at the 
time of the propane delivery in question was valid and enforceable 
against Empire.
    Any person desiring to be heard or to protest said filing should 
file a motion to intervene or protest with the Federal Energy 
Regulatory Commission, 888 First Street, NE., Washington DC 20426, in 
accordance with Sections 385.214 and 385.211 of the Commission's 
Regulations. All such motions or protests must be filed on or before 
October 3, 1996. All protests will be considered by the Commission in 
determing the appropriate action to be taken in this proceeding, but 
will not serve to make protestants a party 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 inspection.
Lois D. Cashell,
Secretary.
[FR Doc. 96-23595 Filed 9-13-96; 8:45 am]
BILLING CODE 6717-01-M