[Federal Register Volume 66, Number 149 (Thursday, August 2, 2001)]
[Notices]
[Pages 40239-40240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-19271]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP01-405-000]


Kern River Gas Transmission Company; Notice of Application

July 27, 2001.
    Take notice that on July 18, 2001, Kern River Gas Transmission 
Company (Kern River), 295 Chipeta Way, Salt Lake City, Utah 84158, 
filed in Docket No. CP01-405-000 an abbreviated application pursuant to 
Section 7(c) of the Natural Gas Act (NGA) and Part 157 of the Federal 
Energy Regulatory Commission's Regulations, for a certificate of public 
convenience and necessity authorizing Kern River to construct and 
operate: (1) Approximately 31.6 miles of 24-inch diameter delivery 
lateral pipeline in San Bernardino County, California (High Desert 
Lateral), extending from interconnects with the Kern/Mojave Common 
Facilities and the Pacific Gas & Electric Company (PG&E) system to the 
gas-fired electricity generating plant (HDPP) being built by High 
Desert Power Project, LLC (High Desert Power) near Victorville, 
California; (2) a 20-inch mainline tap on the Kern River/Mojave 
Pipeline Common Facilities near Kramer Junction and a receipt meter 
station at the start of the High Desert Lateral (Kern/Mojave 
Interconnect); (3) a bi-directional meter station and piping to 
interconnect with PG&E at the start of the High Desert Lateral, along 
with piping/valves to accommodate potential future installation of 
interconnect compression facilities (PG&E Interconnect); and (4) a 
delivery meter station at the terminus of the High Desert Lateral (High 
Desert Meter Station), all as more fully set forth in the application 
which is on file with the Commission and open to public inspection. 
Copies of this filing are on file with the Commission and are available 
for public inspection. This filing may also be viewed on the web at 
http://www.ferc.gov using the ``RIMS'' link, select ``Docket #'' and 
follow the instructions (call 202-208-2222 for assistance).
    Kern River states that Victorville-Gas, LLC (Victorville-Gas), the 
fuel supplier

[[Page 40240]]

for the HDPP, has executed a binding Precedent Agreement with Kern 
River obligating it to enter into a firm transportation service 
agreement for the full 282,000 Dth per day design capacity of the High 
Desert Lateral for a primary term of 21 years, with an evergreen 
provision, and subject to a negotiated rate.
    Kern River states that it also is requesting approval of: (1) pro 
forma Rate Schedules KRF-L1 and KRI-L1 for firm and interruptible 
transportation service on the High Desert Lateral and other pro forma 
tariff provisions related to such service; (2) initial recourse rates 
for service under the new rate schedules; (3) the negotiated rate 
transportation service agreement with its initial firm shipper, 
Victorville-Gas; and (4) its related proposed accounting treatment; all 
as described more fully in the application.
    Kern River states that High Desert Power and Victorville-Gas are 
both subsidiaries of Constellation Energy Group and that High Desert 
Power is constructing the HDPP, a 720 megawatt natural gas-fired, 
combined-cycle electric generating facility. Construction commenced in 
April, 2001; test operations currently are scheduled to begin in 
September, 2002; and commercial operation is scheduled to occur by July 
1, 2003. Kern River states that the electricity generated at the HDPP 
will be sold to the California Department of Water Resources as a base-
load resource to help serve growing power needs in Southern California. 
According to Kern River, High Desert Power initially will require up to 
approximately 141,000 Dth per day of natural gas to operate the HDPP.
    Kern River states that the estimated cost of the proposed 
facilities is approximately $28.9 million and that the resulting 
recourse rate under the proposed KRF-L1 rate schedule will be $0.0583 
per Dth of Maximum Daily Quantity.
    Any questions regarding this application should be directed to Gary 
Kotter, Manager, Certificates, Kern River Gas Transmission Company, 
P.O. Box 58900, Salt Lake City, Utah 84158, at (801) 584-7117.
    There are two ways to become involved in the Commission's review of 
this project. First, any person wishing to obtain legal status by 
becoming a party to the proceedings for this project should, on or 
before August 17, 2001, file with the Federal Energy Regulatory 
Commission, 888 First Street, NE, Washington, DC 20426, a motion to 
intervene 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 NGA (18 CFR 157.10). A person obtaining party 
status will be placed on the service list maintained by the Secretary 
of the Commission and will receive copies of all documents filed by the 
applicant and by all other parties. A party must submit 14 copies of 
filings made with the Commission and must mail a copy to the applicant 
and to every other party in the proceeding. Only parties to the 
proceeding can ask for court review of Commission orders in the 
proceeding.
    However, a person does not have to intervene in order to have 
comments considered. The second way to participate is by filing with 
the Secretary of the Commission, as soon as possible, an original and 
two copies of comments in support of or in opposition to this project. 
The Commission will consider these comments in determining the 
appropriate action to be taken, but the filing of a comment alone will 
not serve to make the filer a party to the proceeding. The Commission's 
rules require that persons filing comments in opposition to the project 
provide copies of their protests only to the party or parties directly 
involved in the protest.
    Persons who wish to comment only on the environmental review of 
this project should submit an original and two copies of their comments 
to the Secretary of the Commission. Environmental commenters will be 
placed on the Commission's environmental mailing list, will receive 
copies of the environmental documents, and will be notified of meetings 
associated with the Commission's environmental review process. 
Environmental commenters will not be required to serve copies of filed 
documents on all other parties. However, the non-party commenters will 
not receive copies of all documents filed by other parties or issued by 
the Commission (except for the mailing of environmental documents 
issued by the Commission) and will not have the right to seek court 
review of the Commission's final order.
    The Commission may issue a preliminary determination on non-
environmental issues prior to the completion of its review of the 
environmental aspects of the project. This preliminary determination 
typically considers such issues as the need for the project and its 
economic effect on existing customers of the applicant, on other 
pipelines in the area, and on landowners and communities. For example, 
the Commission considers the extent to which the applicant may need to 
exercise eminent domain to obtain rights-of-way for the proposed 
project and balances that against the non-environmental benefits to be 
provided by the project. Therefore, if a person has comments on 
community and landowner impacts from this proposal, it is important 
either to file comments or to intervene as early in the process as 
possible.
    Comments, protests and interventions may be filed electronically 
via the Internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and 
the instructions on the Commission's web site under the ``e-Filing'' 
link.
    If the Commission decides to set the application for a formal 
hearing before an Administrative Law Judge, the Commission will issue 
another notice describing that process. At the end of the Commission's 
review process, a final Commission order approving or denying a 
certificate will be issued.

David P. Boergers,
Secretary.
[FR Doc. 01-19271 Filed 8-1-01; 8:45 am]
BILLING CODE 6717-01-P