[Federal Register Volume 62, Number 8 (Monday, January 13, 1997)]
[Notices]
[Pages 1743-1744]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-696]


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DEPARTMENT OF ENERGY
[Docket No. CP94-751-005]


Transwestern Pipeline Company; Notice of Amendment to Application

January 7, 1997.
    Take notice that on December 24, 1996, Transwestern Pipeline 
Company (Transwestern), Post Office Box 1188, Houston, Texas 77251-1188 
filed an amendment (Amendment) to its original application in Docket 
No. CP94-751-000, as amended, which was filed pursuant to Section 7(b) 
of the Natural Gas Act for an order granting permission and approval to 
abandon certain facilities. Transwestern states that the Amendment 
requests that the Commission modify the abandonment authorization 
granted for certain of the facilities in Docket No. CP94-751-000 by the 
Commission's July 27, 1995 Order Approving Contested Settlement, 72 
FERC para. 61,085, to allow such facilities to be transferred to non-
jurisdictional third parties, all as more fully set forth in the 
amendment which is on file with the Commission and open to public 
inspection.
    Transwestern states that its original application in Docket No. 
CP94-751-000, requested authorization to abandon certain compressors, 
treater plants, meters, dehydration units and

[[Page 1744]]

associated facilities. According to Transwestern, it amended its 
application to set forth certain corrections and to reflect the sale to 
third parties of certain of the facilities, the determination that 
certain of the facilities already had been abandoned, and the 
determination that gas was flowing through certain wellhead facilities.
    Transwestern proposed to abandon the facilities in the original 
application through removal or abandonment in place because such 
facilities were no longer used to useful in its operations, or were 
uneconomical or otherwise unnecessary for continued operation of its 
pipeline. It is stated that the order authorized abandonment of such 
facilities subject to Transwestern's compliance with certain 
environmental conditions set forth in Appendix D to the order.
    Transwestern states that, currently, certain non-jurisdictional 
third parties seek to acquire some of those facilities for their 
operations. Accordingly, Transwestern requests that the Commission 
modify its order to provide that such facilities for which abandonment 
was granted may be transferred to third parties, and, in such case, 
Transwestern is not required to comply with the environmental 
conditions of Appendix D, which would apply if Transwestern abandoned 
in place or removed such facilities. Transwestern contends that such 
third parties are the same entities identified in the order as 
acquiring related facilities for which abandonment authorization was 
granted in Docket No. CP95-70-000: Continental Natural Gas Inc. and GPM 
Gas Corporation.
    According to Transwestern, it would be economically wasteful for 
Transwestern to undertake the burden and expense of disposing of such 
facilities only to have third parties undertake the burden and expense 
of replacing them. Transwestern contends that the purpose of Appendix D 
is to protect the environment. However, in the case of the facilities 
the third parties wish to acquire, Transwestern argues that it would be 
much more disruptive to the environment to comply with Appendix D and 
remove such facilities, only to have the third parties reinstall them, 
than to simply convey the facilities to the third parties in the first 
place.
    Given that abandonment already has been authorized for such 
facilities, Transwestern states that no other change to the order is 
required or proposed, in order to allow the transfer of such facilities 
rather than removal or abandonment in place under Appendix D. 
Transwestern states that it would receive no additional payment as the 
result of its transfer of such facilities and proposes that there would 
be no additional change in the accounting treatment for such facilities 
approved in the July 27, order.\1\ Further, it is stated that such 
facilities would be subject to the default gathering contract 
applicable to the other related facilities transferred to third parties 
for which abandonment was authorized in Docket No. CP95-70-000.
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    \1\ Transwestern states that, inasmuch as the accounting 
treatment for the abandoned assets is an integral part of the 
Settlement rates and revenues as approved in Docket No. RP95-271-000 
and to the extent deemed necessary by the Commission, Transwestern 
requests waiver of the Commission's regulations in order to obtain 
the authorization requested herein with no change in the accounting 
treatment approved in the order.
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    Any person desiring to be heard or to make any protest with 
reference to said amendment should on or before January 28, 1997, 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 the 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 permission and approval for the proposed abandonment are 
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 Transwestern to appear or be represented at 
the hearing.
Linwood A. Watson, Jr.,
Acting Secretary.
[FR Doc. 97-696 Filed 1-10-97; 8:45 am]
BILLING CODE 6717-2-M