[Federal Register Volume 66, Number 154 (Thursday, August 9, 2001)]
[Notices]
[Pages 41864-41865]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-19983]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP01-415-000]


East Tennessee Natural Gas Company; Notice of Certificate 
Application

August 3, 2001.
    Take notice that on July 26, 2001, East Tennessee Natural Gas 
Company (East Tennessee), 5400 Westheimer Court, Houston, Texas 77056-
5310, filed an application for a certificate of public convenience and 
necessity pursuant to Section 7 of the Natural Gas Act, as amended, and 
the Federal Energy Regulatory Commission's (the Commission) Rules and 
Regulations thereunder. East Tennessee requests authorization to 
construct, install, own, operate and maintain certain facilities 
(Patriot Project) to provide up to 510,000 dekatherms per day (Dth/d) 
of firm natural gas transportation service, all as more fully set forth 
in the application, which is on file with the Commission, and open for 
public inspection. This filing may 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). Following its open 
season, East Tennessee contracted for firm transportation service with 
seven shippers (Patriot Shippers): NUI Energy Brokers, Inc.; Carolina 
Power & Light Company; Public Service Company of North Carolina, Inc.; 
United Cities Gas Company; Henry County Power, LLC; Duke Energy Wythe, 
LLC; and, Duke Energy Murray, LLC.
    The facilities will consist of: (i) a Mainline Expansion, which 
involves improvements along East Tennessee's existing pipeline in 
Tennessee and Virginia, including (a) approximately 84.98 miles of 
pipeline loops (in Franklin, Grundy, Hamilton, Knox, Sequatchie and 
Sullivan Counties, Tennessee and Smyth, Washington, and Wythe Counties, 
Virginia), (b) approximately 24.67 miles of new 24-inch diameter 
pipeline to replace existing smaller diameter pipeline (in Smyth, 
Washington and Wythe Counties, Virginia), (c) hydrostatic testing of 
approximately 77.34 miles of existing pipeline to increase the maximum 
allowable operating pressure of the pipeline, (d) five new compressor 
stations (in Fentress, Greene, Hamilton, Jackson, and Jefferson 
Counties, Tennessee) and changes at six existing compressor stations 
(in Washington and Wythe Counties, Virginia and Morgan, Sevier and 
Sullivan Counties, Tennessee), and (e) associated mainline valves, 
piping, and appurtenant pipeline facilities; and (ii) an Extension, 
which includes (a) approximately 93.56 miles of new 24-inch diameter 
pipeline extending (through Wythe, Carroll, Patrick, Floyd, and Henry 
Counties, Virginia) from the East Tennessee mainline in Virginia to a 
new terminus at an interconnection to Transcontinental Pipeline 
Corporation's mainline in Rockingham County, North Carolina, (b) 
approximately 7.04 miles of new 16-inch diameter pipeline extending 
from the new pipeline extension (through Pittsylvania County, Virginia) 
to a power plant under development by Henry County Power, LLC, in Henry 
County, Virginia, (c) three new meter stations, and (d) associated 
valves and appurtenant pipeline facilities.
    East Tennessee requests that the Commission issue a preliminary 
determination by November 15, 2001 and a final certificate by March 27, 
2002 to enable East Tennessee to meet the first of its Patriot 
Shippers' in-service dates of May 1, 2003. The cost of the facilities 
is estimated to be approximately $289 million. Firm transportation 
service of up to 510,000 Dth/d will be rendered to the Patriot Shippers 
pursuant to East Tennessee's Rate Schedule FT-A. The Patriot Shippers 
will pay incremental rates to compensate East Tennessee for the costs 
of the Patriot Project facilities.
    Questions regarding this filing should be directed to Steven E. 
Tillman, Director of Regulatory Affairs, East Tennessee Natural Gas 
Company, P.O. Box 1642, Houston, Texas 77251-1642, call 713-627-5113, 
fax 713-627-5947.
    There are two ways to become involved in the Commission's review of 
this project. First, any person wishing to

[[Page 41865]]

obtain legal status by becoming a party to the proceedings for this 
project should, on or before August 24, 2001, file with the Federal 
Energy Regulatory Commission, 888 First Street, NE, Washington, D.C. 
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.
    Take further notice that pursuant to the authority contained in and 
subject to the jurisdiction conferred upon the Commission by Sections 7 
and 15 of the Natural Gas Act and the 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 petition 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 petition 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 Applicant to 
appear or be represented at the hearing.
    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.

David P. Boergers,
Secretary.
[FR Doc. 01-19983 Filed 8-8-01; 8:45 am]
BILLING CODE 6717-01-P