[Federal Register Volume 63, Number 86 (Tuesday, May 5, 1998)]
[Notices]
[Page 24778]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11812]



[[Page 24778]]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. CP98-374-000]


Koch Gateway Pipeline, L.P. and Koch Gateway Pipeline Company; 
Notice of Application

April 29, 1998.
    Take notice that on April 23, 1998 Koch Gateway Pipeline, L.P. 
(Koch Gateway) and Koch Gateway Pipeline Company (KGPC) (Applicants), 
both at 600 Travis Street, Houston, Texas, 77002, filed in the above 
docket, pursuant to Sections 7(c) and (b) of the Natural Gas Act, a 
joint application for a certificate of public convenience and necessity 
and for an order granting permission and approval by August 1, 1998 to 
transfer facilities and services. By this application, Koch Gateway 
requests a certificate of public convenience and necessity authorizing 
it to acquire the facilities and perform the services of KGPC, and to 
gather, transport and store natural gas in interstate commerce in the 
same manner as currently authorized and conducted by KGPC in accordance 
with the terms of existing certificates of public convenience and 
necessity issued to KGPC.
    Further, KGPC requests companion authority to transfer all of its 
assets, operations, and services to Koch Gateway. In addition, Koch 
Gateway requests that it be substituted for KGPC in all pending 
proceedings in which KGPC is a party, all as more fully set forth in 
the Application. The Joint Application requests that authorizations be 
made effective as of August 1, 1998, the first day of operation after 
the jurisdictional assets are conveyed to Koch Gateway.
    Applicants state that a Partnership Agreement was entered into 
whereby Koch Gateway was formed. The Partnership Agreement is attached 
to the application. The partnership is composed of two corporate 
partners, KGPC as the general partner and Koch Energy, Inc. as the 
Limited Partner. Under the partnership agreement, and upon Commission 
approval, KGPC will transfer its assets, facilities, operations, and 
services to the partnership.
    Under the partnership agreement KGPC as general partner will 
continue the operations of the pipeline system in an uninterrupted 
manner. KGPC seeks companion authority to transfer, pursuant to Section 
7(b), its jurisdictional facilities and operations to Koch Gateway. 
Further, Koch Gateway will adopt the tariff of KGPC that is on file 
with the Commission and in effect on the date of the approval of this 
Application.
    Applicants state that the sole purpose of this application is to 
change the legal structure of the natural gas company from a 
corporation to a partnership so as to provide the natural gas company 
with additional financial flexibility in operating its business and 
will not adversely impact any of the rates of KGPC's customers or any 
of the services they receive on the pipeline.
    Any person desiring to participate in the hearing process or to 
make any protest with reference to said application should on or before 
May 20, 1998, file with the Federal Energy Regulatory Commission, 888 
First Street, NE, 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 
proceedings. 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 the jurisdiction conferred upon the Federal Energy 
Regulatory Commission by Sections 7 and 15 of the Natural Gas Act and 
Commission's Rules of Practice and Procedure, a hearing will be held 
without further notice before the Commission or its designee on this 
application if no motion to intervene is filed within the time required 
herein, if the Commission on its own review of the matter finds that a 
grant of the certificate is 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 Koch Gateway or Koch Gateway KGPC to appear 
or be represented at the hearing.
Linwood A. Watson, Jr.,
Acting Secretary.
[FR Doc. 98-11812 Filed 5-4-98; 8:45 am]
BILLING CODE 6717-01-M