[Federal Register Volume 62, Number 71 (Monday, April 14, 1997)] [Notices] [Pages 18106-18107] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 97-9491] ----------------------------------------------------------------------- DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP96-671-002] National Fuel Gas Supply Corporation; Notice of Amendment April 8, 1997. Take notice that on April 3, 1997, National Fuel Gas Supply Corporation (National Fuel), 10 Lafayette Square, Buffalo, New York 14203, filed an amendment to its pending application in Docket No. CP96-671-000 pursuant to Sections 7(b) and (c) of the Natural Gas Act for a certificate of public convenience and necessity authorizing the construction and operation of facilities in order to create additional firm transportation capacity from the Niagara import point to Leidy and Wharton, Pennsylvania, and permission and approval to abandon certain facilities, all as more fully set forth in the application which is on file with the Commission and open to public inspection. National Fuel states that the purpose of the amendment is to eliminate from the application the facilities not needed to serve two firm shippers, Enron Capital & Trade Resources Corp. (Enron) and Union Pacific Fuels, Inc. (Union Pacific), whose services are not dependent upon authorization of the proposed SeaBoard project of Transcontinental Gas Pipe Line Corporation (Transco). Specifically, National Fuel proposes to: (1) eliminate from its application the request for authorization to replace compressor units 1-4 at the Ellisburg Compressor Station with a new 3,200 hp unit, and (2) submit the Amended and Restated Precedent Agreement between National Fuel and Enron Capital & Trade Resources. National Fuel states that the original application sought authorization for facilities that would provide an additional 48,000 Dth per day of firm winter capacity and 21,344 Dth per day of firm non- winter capacity from the Niagara import point to the interconnections between the facilities of National Fuel and Transco at Leidy and Wharton, Pennsylvania. Of this additional capacity, 44,344 Dth/d was subscribed on a long-term basis by Enron and Renaissance Energy (U.S.), Inc. (Renaissance), both of which planned to use the additional capacity on National Fuel's system in combination with proposed SeaBoard capacity downstream on Transco's system. It is stated that National Fuel's original service agreement with each of Enron and Renaissance made the execution of a transportation service agreement with Transco a condition to the execution of a transportation agreement with National Fuel. National Fuel states that on January 21, 1997, Transco advised the Commission that its proposed SeaBoard Project would not be placed in service until at least November 1, 1998. It is stated that on January 30, 1997, National Fuel filed an amendment to its application (First Amendment), which advised the Commission that National Fuel and Union Pacific have executed a precedent agreement for the remaining 3,656 Dth/d of firm winter capacity to be created by National Fuel's 1997 [[Page 18107]] Niagara Expansion Project. National Fuel states that the First Amendment also addressed a proposed change in compressor mode and horsepower at National Fuel's Ellisburg Compressor Station, and sought certificate authority for a meter replacement that had been described in the original application as an auxiliary facility. National Fuel states that on March 14, 1997, it responded to a data request from the Commission seeking information about National Fuel's plans in light of Transco's announcement that the SeaBoard project would be delayed. National Fuel states that it advised the Commission that Enron and National Fuel had just entered into an Amended and Restated Precedent Agreement, under which the service to be rendered by National Fuel is not dependent upon the outcome of Transco's SeaBoard project or any other downstream facilities. National Fuel also clarified that its proposed service to Union Pacific is not depended on downstream facilities. National Fuel indicated that it intended to file an amendment to its application seeking a Commission order, on the earliest date possible, authorizing the construction of the facilities required by National Fuel to render firm service to Enron and Union Pacific, while the facilities required to serve Renaissance would remain tied to Transco's SeaBoard project. According to National Fuel, the revised project is not dependent upon the outcome of Transcop's SeaBoard project, nor is it dependent upon the certification or construction of any downstream facilities. National Fuel states that the service to be provided to Enron will be changed in two minor respects. First, Transco at Leidy is now designated as the primary delivery point with respect to all of Enron's maximum daily transportation quantity (MDT). Under the original agreement, the primary delivery point with respect to 5,300 Dth/d of Enron's MDT was to be Transco at Wharton, 12.2 miles from Leidy. Second, the agreement calls for the execution of two service agreements--one ten year service agreement with an MDT of 15,694 Dth/d and one eleven year service agreement with an MDT of 5,650 Dth/d-- instead of one ten year service agreement with an MDT of 21,344 Dth/d. It is stated that the total quantity subscribed by Enron remains at 21,344 Dth/d; the effect of this change is that the primary term with respect to 5,650 Dth/d of Enron's capacity has been increased from ten to eleven years. It is stated that neither the Enron nor the Union Pacific service will be dependent upon any other downstream facilities. National Fuel states that these customers have requested firm service to Leidy, Pennsylvania, a recognized market center. It is stated that National Fuel's firm shippers would have a number of options for the delivery of their gas at Leidy, including the sale of such gas to shippers with primary firm, secondary firm, released firm or interruptible capacity on Transco's system. In addition, National Fuel's firm shippers would be able to arrange the redelivery of their gas to other interstate pipelines (including CNG Transmission Corporation, Tennessee Gas Pipeline Company and Texas Eastern Transmission Corporation) at several secondary points in the Ellisburg-Leidy area, or elsewhere on National Fuel's system. In addition, National Fuel contends that the availability of storage in the Ellisburg-Leidy area provides another delivery option for National Fuel's shippers. Any person desiring to be heard or to make any protest with reference to said amendment should on or before April 17, 1997, 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) 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 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 with further notice before the Commission or its designee on this application if no motion to intervene is filed within the time required herein, or if the Commission on its own review of the matter finds that permission and approval for the proposed certificate and 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 National Fuel to appear or be represented at the hearing. Lois D. Cashell, Secretary. [FR Doc. 97-9491 Filed 4-11-97; 8:45 am] BILLING CODE 6717-01-M