[Federal Register Volume 61, Number 220 (Wednesday, November 13, 1996)]
[Notices]
[Pages 58177-58178]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-28963]


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DEPARTMENT OF ENERGY
[Docket No. CP97-77-000]


Copano Field Services/Copano Bay, L.P.; Notice of Petition for 
Declaratory Order

November 6, 1996.
    Take notice that on October 23, 1996, Copano Field Services/Copano 
Bay, L.P. (Copano) 1300 Post Oak Boulevard, Suite 1750, Houston, Texas 
77056, filed a petition in Docket No. CP97-77-000, requesting that when 
Copano acquires the Blind Pass Facilities, which are certain pipeline 
and measuring facilities with appurtenances located in San Patricio, 
Aransas, and Nueces Counties, Texas, from Florida Gas Transmission 
Company (FGT), that the Commission declare that the facilities are 
gathering facilities exempt from the provisions of the Natural Gas Act 
(NGA), all as more fully set forth in the petition which is on file 
with the Commission and open to public inspection.
    Copano requests that its petition be consolidated with FGT's 
application filed in Docket No. CP97-52-000 which involves the 
abandonment by sale of the Blind Pass Facilities to Copano.
    Copano states it currently renders non-jurisdictional gathering 
services through its Copano Bay System located adjacent to the Blind 
Pass Facilities to be acquired from FGT. Copano relates that the Copano 
Bay System gathers wellhead production which undergoes separation and 
compression at Copano's K.G. Pearce Plant, after which the condensed 
and compressed gas is delivered to a processing plant owned by Tejas 
Gas Corporation. Copano says it then sells the processed gas near the 
tailgate of the Tejas plant. Copano states that the Blind Pass 
Facilities will be integrated into the Copano Bay System. Copano says 
it anticipates attaching additional supplies to the Blind Pass 
Facilities, thereby increasing the throughput through FGT's Station No. 
3.
    Copano relates that it will, effective the date of transfer, assume 
all future operational and commercial responsibilities and maintenance 
obligations for the Blind Pass Facilities. Copano states that FGT is 
not currently providing any firm transportation services from the Blind 
Pass Facilities

[[Page 58178]]

pursuant to Part 284 of the Commission's regulations or the 
transportation rate schedules in FGT's FERC Gas Tariff, Original Volume 
No. 3. Copano says that FGT has one Western Division Interruptible 
Transportation Agreement with a receipt point on the Blind Pass Lateral 
for a shipper who is purchasing gas from the one active well on the 
Blind Pass Facilities. Copano expects to negotiate an acceptable 
gathering agreement with that shipper in the near future.
    Copano believes that the Blind Pass Facilities meet the criteria of 
``gathering facilities'' under Section 1(b) of the NGA as interpreted 
by the Commission under the ``modified primary function'' test, as set 
forth in Amerada Hess Corp., et al., as amended. 52 FERC para.61,268 
(1990).
    Copano asserts that the Blind Pass Facilities are well within the 
range of onshore systems the Commission has determined to be gathering 
because the facilities consist of relatively short, small-diameter pipe 
configured in a web-like arrangement; there is a typical backbone-type 
arrangement which collects gas from many wells for delivery to the FGT 
mainline at Station No. 3; there are no compressors or processing 
plants located on the Blind Pass Facilities; and the facilities operate 
based on wellhead pressures for delivery to FGT's Station No. 3.
    Copano cities to the most recent twelve-month period ending May 
1996, which shows the Blind Pass Facilities have been considerably 
underutilized recently. Copano says the facilities were designed to 
move approximately 10,000 Mcf per day, but during this twelve-month 
period, the average daily volume moved was less than 5% of the design 
capacity. Copano believes that its acquisition of the Blind Pass 
Facilities for use as non-jurisdictional gathering will bring increased 
use of the Blind Pass Facilities for the benefit of consumers served by 
means of the FGT transmission system.
    Any person desiring to be heard or to make any protest with 
reference to said petition should on or before November 27, 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). 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.
Lois D. Cashell,
Secretary.
[FR Doc. 96-28963 Filed 11-12-96; 8:45 am]
BILLING CODE 6717-01-M