[Federal Register Volume 67, Number 123 (Wednesday, June 26, 2002)]
[Notices]
[Page 43095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-16149]



[[Page 43095]]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP02-383-000]


National Fuel Gas Supply Corporation; Notice of Application

June 19, 2002.
    Take notice that on June 7, 2002, National Fuel Gas Supply 
Corporation (National Fuel), 10 Lafayette Square, Buffalo, New York 
14203, filed in Docket No. CP02-383-000 an application pursuant to 
Sections 7(b) and (c) of the Natural Gas Act (NGA) for authorization to 
abandon certain pipeline facilities in New York, and for a certificate 
of public convenience and necessity authorizing the construction and 
operation of certain pipeline replacement facilities in New York, 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 be viewed on the web at http://www.ferc.gov using the 
``RIMS'' link, select ``Docket #'' from the RIMS Menu and follow the 
instructions (call (202) 208-2222 for assistance).
    National Fuel proposes to abandon approximately 5.44 miles of 10-
inch steel pipeline in Allegany County, New York, and to abandon 
approximately 27.35 miles of pipeline, also in Allegany County, New 
York, both segments of its Line PY-10. It is stated that the pipeline 
facilities would be abandoned in place except for those sections where 
the landowner specifically requests National Fuel to remove the pipe. 
National Fuel proposes to construct and operate approximately 5.44 
miles of 8-inch plastic pipeline to replace the 5.44 miles being 
abandoned, with the new pipeline located in a new trench adjacent to 
the existing pipeline. It is stated that a portion of the new line will 
be located in a new right-of-way to avoid a house that has been 
constructed on the right-of-way. It is asserted that this portion of 
the line will be located 75 west of the existing line. National Fuel 
explains that the reason for the abandonment and replacement is that 
the existing line has deteriorated, and the cost of upgrading it would 
be substantial. The cost of the new construction is estimated at $1.1 
million, and the cost of abandonment is estimated at approximately 
$505,607.
    Any questions regarding this amendment should be directed to David 
N. Reitz, Assistant General Counsel, National Fuel Gas Supply 
Corporation, 10 Lafayette Square, Buffalo, New York 14203, at (716) 
857-7949.
    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 July 10, 2002, 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.

Magalie R. Salas,
 Secretary.
[FR Doc. 02-16149 Filed 6-25-02; 8:45 am]
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