[Federal Register Volume 63, Number 4 (Wednesday, January 7, 1998)]
[Notices]
[Page 839]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-324]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. CP98-159-000]


Phelps Dodge Corporation, Complainant, v. El Paso Natural Gas 
Company, Respondent; Notice of Complaint

December 31, 1997.
    Take notice that on December 23, 1997, Phelps Dodge Corporation 
(PDC), 2600 North Central Avenue, Phoenix, Arizona 85004, filed a 
complaint in Docket No. CP98-159-000 pursuant to Section 5 of the 
Natural Gas Act (NGA) and Rule 206 of the Commission's Rules of 
Practice and Procedure. PDC has filed this complaint requesting that 
the Commission require El Paso Natural Gas Company (El Paso) to comply 
with the terms and conditions of a transportation service agreement 
which is subject to the Commission's jurisdiction under the NGA, all as 
more fully set forth in the complaint which is on file with the 
Commission and open to public inspection.
    Specifically, PDC complains that contrary to the express language 
of the service agreement, El Paso has refused to allow PDC to add new 
delivery points to provide firm transportation service at a PDC 
facility not previously served by El Paso. According to PDC, El Paso's 
refusal to serve PDC is not based on any physical or operational system 
capacity constraint, since there is an excess transportation capacity 
on El Paso's system. Instead, PDC believes that El Paso's refusal is 
based on an after-the-fact realization that honoring contractual 
commitments agreed to in a recent comprehensive rate settlement would 
not result in any additional revenue for El Paso in a post-settlement 
environment.
    Any person desiring to be heard or to make a protest with reference 
to this complaint should on or before January 30, 1998, file with the 
Federal Energy Regulatory Commission, 888 First Street, N.E., 
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. Answers to the 
complaint shall be due on or before January 30, 1998.
David P. Boergers,
Acting Secretary.
[FR Doc. 98-324 Filed 1-6-98; 8:45 am]
BILLING CODE 6717-01-M