[Federal Register Volume 62, Number 243 (Thursday, December 18, 1997)]
[Notices]
[Page 66347]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-32976]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. OR98-3-000]


OXY USA, Inc. v. Amerada Hess Pipeline Corporation, ARCO 
Transportation Alaska, Inc., BP Pipelines (Alaska) Inc., Exxon Pipeline 
Company, Mobil Alaska Pipeline Company, Phillips Alaska Pipeline 
Corporation and Unocal Pipeline Company; Notice of Complaint

December 12, 1997.
    Take notice that on December 9, 1997, pursuant to the provisions of 
the Interstate Commece Act (ICA), 49 U.S.C. App. Secs. 2, 3(1), 6(7), 
8, 9, 13(1) and 15(1) and the Rules and Regulations of the Federal 
Energy Regulatory Commission, 18 CFR 343.2(c)(3), 385.206(a) and 
385.207(a), OXY USA, Inc. (OXY) filed a complaint and petition for 
declaratory relief against Amerada Hess Pipeline Corporation, ARCO 
Transportation Alaska, Inc., BP Pipelines (Alaska) Inc., Exxon Pipeline 
Company, Mobil Alaska Pipeline Company, Phillips Alaska Pipeline 
Corporation, and Unocal Pipeline Company (collectively the TAPS 
Carriers).
    OXY states that the TAPS Carriers have entered into two private 
agreements with the State of Alaska, a payor of TAPS transportation 
rates, under which the TAPS Carriers have agreed to pay rate rebates 
totaling $26,500,000.00 to the State and to no other shipper. The 
settlements concern resolution of the electrical, as built and 
management remediation case and resolution of the costs related to 
certain public communications and government relations activities. Also 
pursuant to the said agreements, the TAPS Carriers have the option of 
making future payments directly to the State in order to rebate to the 
State certain costs included in rates charged to all shippers.
    OXY contends that the two settlements are in violation of Sections 
2, 3(1), and 6(7) of the ICA, 49 U.S.C. App. Secs. 2, 3(1), 6(7), and 
demands that it be awarded $923,186 as an equivalent pro rata rebate 
comparable to Alaska's, in reparation for the period commencing two 
years preceding the filing of this action, adjusted for costs through 
the entry of a final order in this case, plus costs of this action and 
reasonable attorneys fees, pursuant to Sections 8, 9 and 13(1) of the 
ICA, 49 U.S.C. App. Secs. 8, 9 and 13(1). OXY also requests that the 
Commission, under Sections 13(1) and 15(1) of the ICA, 49 U.S.C. App. 
Secs. 13(1) and 15(1), investigate these settlements and the practices 
of the TAPS Carriers pursuant thereto and that the Commission declare 
unlawful those provisions of the agreements that allow the TAPS 
Carriers in the future to make preferential and discriminatory rate 
rebates to the State of Alaska. Further, should the Commission 
determine that illegal rebates have been paid but that reparations 
should not be made to OXY, OXY requests that the Commission order a 
general refund of all such illegal rebates pursuant to Section 15(7) of 
the ICA, 49 U.S.C. App. Sec. 15(7).
    OXY states that copies of the complaint were served on each person 
the service list attached to the filing.
    Any person desiring to be heard or to protest said complaint should 
file a motion to intervene or a protest with the Federal Energy 
Regulatory Commission, 888 First Street, NE, Washington, D.C. 20426, in 
accordance with Sections 385.214 and 385.211 of the Commission's Rules 
of Practice and procedure. All such motions or protests should be filed 
on or before January 8, 1998. Protest 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 
January 8, 1998.
Linwood A. Watson, Jr.,
Acting Secretary.
[FR Doc. 97-32976 Filed 12-17-97; 8:45 am]
BILLING CODE 6717-01-M