[Federal Register Volume 62, Number 80 (Friday, April 25, 1997)]
[Notices]
[Pages 20163-20164]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-10746]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. RP97-331-000]


Decatur Utilities, City of Decatur Alabama, and Huntsville 
Utilities City of Huntsville, Alabama v. Alabama-Tennessee Natural Gas 
Company; Notice of Complaint and Petition for Waiver of Tariff 
Provisions

April 21, 1997.
    Take notice that on April 15, 1997, Decatur Utilities, City of 
Decatur, Alabama, and Huntsville Utilities, City of Huntsville, 
Alabama, (Decatur and Huntsville) tendered for filing a complaint 
against Alabama-Tennessee Natural Gas Company (Alabama-Tennessee) and a 
motion for expedited injunctive relief, and a petition for waiver of 
tariff provisions, pursuant to Section 5 of the Natural Gas Act, Order 
No. 636-A, and Rules 206, 207, and 212 of the Commission's Rules of 
Practice and Procedure.
    Decatur and Huntsville submits their complaint against the unlawful 
abandonment of their firm transportation service with Alabama-
Tennessee. Decatur and Huntsville also seek a limited waiver of the 
right-of-first refusal (ROFR) provisions of Alabama-Tennessee's FERC 
Gas Tariff. Decatur's and Huntsville's firm transportation contracts 
with Alabama-Tennessee expire on November 1, 1997, and April 1, 1998, 
respectively. Under the provisions of Alabama-Tennessee's FERC Gas 
Tariff, Section 3.14(e), Decatur and Huntsville expect Alabama-
Tennessee to commence the ROFR process by posting the capacity under 
their expiring transportation contracts in May, 1997.
    Decatur and Huntsville respectfully request the Commission to: (i) 
Find the abandonment of their firm transportation service from Alabama-
Tennessee is unlawful under the circumstances presented; (ii) order 
that firm transportation services from Alabama-Tennessee to Decatur and

[[Page 20164]]

Huntsville continue for one year past their respective contract 
expiration dates, or, in the alternative, continue for whatever term 
the Commission deems appropriate to coincide with the commencement of 
firm transportation service on Southern; and (iii) grant a limited 
waiver of the ROFR procedures of Alabama-Tennessee's tariff, such that 
the right-of-first-refusal process for Decatur's and Huntsville's 
capacity is postponed until the Commission's final order on the 
Southern project in docket No. CP96-153 is issued. Decatur and 
Huntsville further request the Commission to expedite its review of 
this complaint and motion for relief, and to issue an order as soon as 
possible.
    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, N.E., Washington, D.C. 20426, 
in accordance with Rules 214 and 211 of the Commission's Rules of 
Practice and Procedure 18 CFR 385.214 and 211. All such motions or 
protests should be filed on or before May 1, 1997. Protests will be 
considered by the Commission in determining the appropriate action to 
be taken, but will not serve to make Protestants parties 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 public inspection. Answers to this complaint shall be 
due on or before May 1, 1997.
Lois D. Cashell,
Secretary.
[FR Doc. 97-10746 Filed 4-24-97; 8:45 am]
BILLING CODE 6717-01-M