[Federal Register Volume 67, Number 12 (Thursday, January 17, 2002)]
[Notices]
[Page 2425]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-1232]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP02-143-000]


Kansas Gas Service, A Division of ONEOK, Inc., Complainant, v. 
Enbridge Pipelines (KPC), Respondent; Notice of Complaint

January 11, 2002.
    Take notice that, on January 10, 2002, pursuant to Rule 206 of the 
Commission's Rules of Practice and Procedure, 18 CFR 385.206 (2001), 
Kansas Gas Service, a Division of ONEOK, Inc. (Kansas Gas Service) 
tendered for filing a Complaint against Enbridge Pipelines (KPC).
    Kansas Gas Service alleges that: (1) KPC is violating the terms of 
certain service agreements with Kansas Gas Service, which are part of 
KPC's approved FERC Gas tariff, by failing to charge lower rates under 
those service agreements, and (2) KPC's obligation to charge the lower 
rates was triggered by a separate written agreement, a July 9, 1997 
Settlement Agreement, in which KPC, in consideration for Kansas Gas 
Service's payment of: (1) $7.5 million in August 1997, and (2) rates 
based on an annual cost of service of $31 million from August 1997 
through July 2001, agreed to charge Kansas Gas Service, under the 
service agreements, a lower Zone 3 rate, effective August 1, 1998, and 
lower rates based on Williams Gas Pipelines Central's rates for 
comparable service, effective August 1, 2001.
    Kansas Gas Service requests that the Commission determine that: (1) 
KPC's actions and inaction described in the Complaint constitute unjust 
and unreasonable rates and rate practices in violation of its FERC Gas 
tariff and Section 4 of the Natural Gas Act; and (2) KPC should take 
steps necessary to implement the Settlement Agreement rates as 
discounted or negotiated rates (and bill Kansas Gas Service 
accordingly) in order to comply with its tariff and give full effect to 
the ``motion rates,'' which KPC urged the Commission to approve in 
February 1998. Kansas Gas Service further requests that the Commission 
affirm that: (1) The Commission, in its April 2, 1999 Order in Docket 
No. CP96-152, 87 FERC para. 61,020, did not intend to interpret its 
various provisions, nor did it intend to void, or otherwise disturb the 
Agreement, or adjudicate the issue of whether the Settlement Agreement 
amended the then existing contracts between KPC and Kansas Gas Service; 
(2) Kansas Gas Service's claims for common law relief based on KPC's 
breach of contract, repudiation, fraud and breach of the duty of good 
faith and fair dealing, as pleaded in Kansas Gas Service's Petition in 
Kansas state court, belong properly in state court in accordance with 
Commission and court precedent; and (3) if the relief sought by Kansas 
Gas Service in its state court Petition were granted, such relief would 
neither violate the filed rate doctrine nor impinge upon the 
Commission's jurisdiction under the NGA.
    Kansas Gas Service requests that the Commission complete action on 
the Complaint within 110 days, in accordance with the time standards 
established in Order No. 602 for a decision on the pleadings, III FERC 
Stats. and Regs. para. 31,071, on reh'g and clarification, 88 FERC 
para. 61,114 (1999).
    In accordance with subsection (f) of Rule 206, answers, 
interventions and comments must be filed with the Federal Energy 
Regulatory Commission, 888 First Street, NE., Washington, DC 20426, on 
or before January 30, 2002. Copies of this filing are on file with the 
Commission and are available for public inspection. This filing may 
also be viewed on the Commission's Web site at http://www.ferc.gov 
using the ``RIMS'' link, select ``Docket #'' and follow the 
instructions ((202)208-2222 for assistance).

C.B. Spencer,
Acting Secretary.
[FR Doc. 02-1232 Filed 1-16-02; 8:45 am]
BILLING CODE 6717-01-P