[Federal Register Volume 66, Number 229 (Wednesday, November 28, 2001)]
[Notices]
[Pages 59414-59415]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-29573]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP02-26-000]


El Paso Natural Gas Company; Notice of Application

November 21, 2001.
    Take notice that on November 15, 2001, El Paso Natural Gas Company 
(El Paso), a Delaware corporation, P.O. Box 1087, Colorado Springs, 
Colorado 80944, filed in Docket No. CP02-26-000, an application 
pursuant to sections 7(b) and 7(c) of the Natural Gas Act (NGA), as 
amended, and part 157 of the Federal Energy Regulatory Commission's 
Regulations (Commission), for permission and approval to abandon by 
removal certain existing pipeline facilities and for a certificate of 
public convenience and necessity authorizing El Paso to replace and 
relocate certain pipeline facilities located in Pima County, Arizona. 
El Paso states that it requests expeditious authorization for the 
proposed relocation, replacement and abandonment no later than February 
15, 2002 in order to coordinate construction with the Arizona 
Department of Transportation (ADOT) construction schedule anticipated 
to begin by March 31, 2002, 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).
    El Paso states that the City of Tucson, Arizona, is currently 
experiencing rapid commercial and residential development which has 
resulted in increased encroachment on El Paso's pipeline facilities. 
Recently, El Paso was notified by ADOT of their intent to completely 
renovate the Interstate-10/Interstate-19 highway interchange (I-10/I-19 
Project). The I-10/I-19 Project is crossed by El Paso's existing 10-3/
4'' O.D. Tucson-Phoenix Lone (Line No. 1007). As a result of the 
pending encroachment resulting from the I-10/I-19 Project, El Paso must 
relocate, replace and abandon by removal a segment of Line No. 1007 
affected by this public works project.
    El Paso states that this type of project would normally be 
accomplished under its blanket certificate authorization, issued in 
Docket No. CP82-435-000, as a ``miscellaneous rearrangement'' of 
facilities under Section 157.208(a) of the Commission's Regulations. 
However, El Paso states that in March 2000, the Arizona State 
Historical Preservation Office (SHPO) determined that Line No. 1007 was 
eligible for historic designation under Section 106 of the National 
Historic Preservation Act. Consequently, El Paso cannot obtain the 
necessary ``No Effect'' determination required from the SHPO under the 
Commission's Regulations for projects undertaken pursuant to El Paso's 
blanket certificate authorization. El Paso states that in order for it 
to undertake the project proposed herein, the SHPO has determined that 
a programmatic agreement (PA) is required. The PA, according to El 
Paso, is designed to

[[Page 59415]]

specifically address the protocols to be used for any project 
disturbing historically eligible segments of Line No. 1007 and that 
such protocols would include the documentation, photography, and any 
research that will record the historical aspects of Line No. 1007. 
Based upon the circumstances surrounding the instant project (i.e., 
lack of any other regulatory options and having an active natural gas 
pipeline operating in the construction zone), El Paso states that it is 
seeking case-specific Section 7 authorization under the NGA.
    El Paso states that the cost of abandonment by removal, relocation 
and replacement of facilities is approximately $277,000. El Paso states 
it will continue to charge its existing Part 284 rates for 
transportation and will not propose to collect the cost of the 
relocation, replacement and abandonment of a segment of Line No. 1007 
until El Paso files its next general system-wide rate filing scheduled 
for January 1, 2006.
    Any questions regarding this application should be directed to 
Robert T. Tomlinson, Director, Regulatory Affairs Department, El Paso 
Natural Gas Company, P.O. Box 1087, Colorado Springs, Colorado 80944, 
at (719) 520-3788.
    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 December 12, 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.

Linwood A. Watson, Jr.,
Acting Secretary.
[FR Doc. 01-29573 Filed 11-27-01; 8:45 am]
BILLING CODE 6717-01-P