[Federal Register Volume 62, Number 89 (Thursday, May 8, 1997)]
[Notices]
[Pages 25181-25182]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-11988]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. CP97-350-000]


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

May 2, 1997.
    Take notice that on April 17, 1997, Copano Field Services/Copano 
Bay, L.P. (Copano), 1300 Post Oak Boulevard, Suite 1750, Houston, Texas 
77056, filed a petition for declaratory order in Docket No. CP97-350-
000, requesting that when Copano acquires the Encinal Channel Lateral 
Facilities, which are certain pipeline and measuring facilities with 
appurtenances located in San Patricio, and Nueces Counties, Texas, from 
Florida Gas Transmission Company (FGT), that the Commission declare 
that the facilities are gathering facilities exempt from the 
Commission's Regulations pursuant to Section 1(b) 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 states that it currently renders non-jurisdictional 
gathering services through its Copano Bay System located adjacent to 
the Encinal Channel Lateral Facilities to be acquired from FGT. It is 
further stated that the Encinal Channel Lateral Facilities will be 
operated independently from its existing gathering systems, although 
the facilities may be integrated in the future. Copano indicates that 
it anticipates attaching additional supplies to the Encinal Channel 
Lateral Facilities.
    Copano relates that it will, effective on the date of transfer, 
assume all future operational and commercial responsibilities and 
maintenance obligations for the Encinal Channel Lateral Facilities. 
Copano further indicates that it expects to negotiate acceptable 
gathering agreements with any shipper using the Encinal Channel Lateral 
Facilities.

[[Page 25182]]

    Copano states its belief that the Encinal Channel Lateral 
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 Corporation, et 
al., as amended. 52 FERC para. 61,268 (1990).
    It is asserted that the Encinal Channel Lateral Facilities are well 
within the range of 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; there are no compressors or processing 
plants located on the Encinal Channel Lateral Facilities; and the 
facilities operate based on wellhead pressures for delivery to FGT's 
mainline.
    Copano also states its belief that its acquisition of the Encinal 
Channel Lateral Facilities for use as non-jurisdictional gathering will 
bring increased use of the Encinal Channel Lateral 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 May 23, 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). 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. 97-11988 Filed 5-7-97; 8:45 am]
BILLING CODE 6717-01-M