[Federal Register Volume 64, Number 204 (Friday, October 22, 1999)]
[Proposed Rules]
[Page 56982]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-27607]


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 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 64, No. 204 / Friday, October 22, 1999 / 
Proposed Rules  

[[Page 56982]]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 281

[Docket Nos. RM79-15-001, RM89-67-000, RM91-1-000, RM91-13-000]


Termination of Rulemaking Proceedings

Issued October 18, 1999.
AGENCY: Federal Energy Regulatory Commission, DOE.

ACTION: Proposed rulemaking: termination.

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SUMMARY: The Commission has determined that it will take no further 
action in Docket Nos. RM79-15-001, RM89-67-000, RM91-1-000 and RM91-13-
000, and therefore, the dockets may be closed.

Before Commissioners: James J. Hoecker, Chairman; Vicky A. Bailey, 
William L. Massey, Linda Breathitt, and Curt Hebert, Jr.

Proposed Regulations for the Implementation of Section 401 of the 
Natural Gas Policy Act of 1978

Docket No. RM79-15-001

Hearing and Public Comment on the Proposed Rule of the Department of 
Energy Relating to Establishing Natural Gas Curtailment Priorities 
Interstate Pipelines

Docket No. RM89-67-000

Chemical Manufacturers Association

Docket No. RM91-1-000

Illinois Commerce Commission

Docket No. RM91-13-000

Order Terminating Dockets

    After reviewing the records in the captioned dockets, the 
Commission has determined that it will take no further action in these 
proceedings and therefore that the dockets may be closed.

Docket Nos. RM79-15-001, RM80-67-000 and RM91-1-000

    On July 29, 1981, the U.S. Court of Appeals for the DC Circuit 
issued an order \1\ remanding in part a final rule issued by the 
Commission in Docket No. RM79-15-000 \2\ pursuant to section 401 of the 
Natural Gas Policy Act (NGPA). Specifically, the court remanded the 
Commission's finding that it was bound, for purposes of establishing 
interstate pipelines' natural gas curtailment priorities,\3\ by the 
Secretary of Agriculture's decision to certify 100 percent of 
agricultural users' current requirements as necessary for the 
maintenance of food and fiber production.
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    \1\ Process Gas Consumers Group v. U.S. Department of 
Agriculture, 694 F.2d 728 (1981), modified, 694 F.2d 778 (1982).
    \2\ 44 FR 3,725 (1979).
    \3\ The Commission's regulations at 18 CFR Part 281 relating to 
natural gas curtailment priorities were promulgated in 1979. 44 FR 
26,862 (May 8, 1979).
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    On July 17, 1980, in Docket No. RM80-67-000, the Commission issued 
a notice of proposed rulemaking to review natural gas curtailment 
priorities for interstate pipelines.
    On June 19, 1990, in Docket No. RM91-1-000, Chemical Manufacturers 
Association (Chemical Manufacturers) filed a petition for review of 
natural gas pipeline curtailment procedures for the purpose of 
distinguishing between supply and capacity related curtailments.
    Since there is no foreseeable need for curtailment of interstate 
pipelines' natural gas supply deliveries, the Commission is not 
reviewing curtailment priorities at this time.\4\ Further, in the 
unlikely event of the need for pipeline supply curtailment arising in 
the foreseeable future, the records in these dockets would be stale for 
such purposes. Accordingly, the Commission is terminating these 
dockets.
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    \4\ Data collected by the Energy Information Administration 
(EIA) and summarized in its June 1999 publication on ``Natural Gas 
1998, Issues and Trends'' (EIA report), shows that as the result of 
the Commission's open access program, almost all natural gas is now 
purchased directly from producers with pipelines principally 
providing transportation services for their customers. EIA report at 
p. 109. Further, the Form 2 data that the Commission requires 
pipelines to file shows that pipelines' gas sales have steadily 
decreased to relatively minimal volumes since the Commission 
initiated its open access program in 1985. (EIA's report is 
available on the Web at http://www.eia.doe.gov/oil__gas/
natural__gas/analysis__publications/
natural__gas__1998__issues__and__trends/it98.html.)
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Docket No. RM91-13-000

    On April 30, 1991, in Docket No. RM91-13-000, the Illinois Commerce 
Commission filed a petition for a rulemaking to address the extent to 
which local distribution companies (LDCs) should be shielded from the 
passthrough of interstate pipelines' take-or-pay obligations as a means 
of providing the LDCs with relief from bypass by interstate pipelines. 
The Commission's bypass policy has been developed in individual cases, 
and the issues raised in the petition have been largely resolved. 
Accordingly, the Commission is terminating rulemaking Docket No. RM-13-
000.

The Commission Orders

    The proceedings in Docket Nos. RM79-15-001, RM80-67-000, RM91-1-
000, and RM91-13-000 are terminated.

    By the Commission.
David P. Boergers,
Secretary.
[FR Doc. 99-27607 Filed 10-21-99; 8:45 am]
BILLING CODE 6717-01-P