[Federal Register Volume 65, Number 62 (Thursday, March 30, 2000)]
[Notices]
[Page 16904]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-7794]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP00-220-000]


Town of Neligh, Nebraska, v. K N Interstate Gas Transmission 
Company and KN Energy, a Division of Kinder-Morgan, Inc.; Notice of 
Complaint

March 24, 2000.
    Take notice that on March 23, 2000, the Town of Neligh, Nebraska 
(Neligh) filed pursuant to 18 CFR 385.206 a Complaint under Section 5 
of the Natural Gas Act (``NGA''), 15 U.S.C. 717d, against KN Interstate 
Gas Transmission Company (KNI), a Complaint and Request for Declaratory 
Relief against KN Energy (KNE), a division of Kinder-Morgan, Inc., and, 
in the alternative, an Application under Section 7(a) of the NGA, 15 
U.S.C. 717f(a), to compel KNI to provide gas service to Neligh.
    According to the Complainant, Neligh will acquire the local 
distribution facilities of KNE as a result of condemnation proceedings 
and will operate those facilities to provide gas distribution service 
to the residents and businesses located in Neligh and the surrounding 
community. Neligh has requested firm and no-notice transportation 
service from KNI, KNE's interstate pipeline affiliate, in an amount 
proportionate to that used historically by KNE to serve Neligh. KNI has 
rejected Neligh's request on the basis that KNI is fully subscribed.
    Complainant seeks, on an expedited basis, the following alternative 
forms of relief:
    (1) A Declaratory Order from the Commission declaring that the 
capacity in question was assigned to KNE by reason of its status as the 
incumbent provider of local distribution service to customers in 
Neligh, Nebraska during the restructuring of KNI, and ordering an 
assignment to Neligh of a proportionate amount of the FTS and NNS 
capacity on KNI, allocated to KNE in restructuring, adequate to serve 
Neligh.
    (2) In the alternative, an order from the Commission pursuant to 
Sections 5, 7, and 16 of the NGA finding that KNI's refusal to provide 
service is unjust, unreasonable, unduly discriminatory, and 
preferential, and requiring KNI to provide gas transportation service 
to Neligh.
    (3) In the alternative, a grant of Neligh's Application under 
Section 7(a) of the NGA to require KNI to extend and improve its 
transportation facilities to provide the transportation service sought 
by Neligh or provide such other relief as is authorized under the NGA 
to accommodate Neligh's need for interstate gas transportation service 
to serve the Neligh community.
    Any person desiring to be heard or to protest this filing should 
file a motion to intervene or protest with the Federal Energy 
Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in 
accordance with Rules 211 and 214 of the Commission's Rules of Practice 
and Procedure (18 CFR 385.211 and 385.214). All such motions or 
protests must be filed on or before April 3, 2000. Protests 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. Copes of this filing are on file with the Commission and are 
available for public inspection in the Public Reference Room. This 
filing may also be viewed on the Internet at http://www.ferc.fed.us/online/rims.htm (call 202-208-2222) for assistance. Answers to the 
complaint shall also be due on or before April 3, 2000.

Linwood A. Watson, Jr.,
Acting Secretary.
[FR Doc. 00-7794 Filed 3-29-00; 8:45 am]
BILLING CODE 6717-01-M