[Federal Register Volume 67, Number 130 (Monday, July 8, 2002)]
[Notices]
[Pages 45107-45108]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-16968]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP02-392-000]


Ozark Gas Transmission, L.L.C.; Notice of Application

July 1, 2002.
    Take notice that on June 21, 2002, Ozark Gas Transmission, L.L.C. 
(Ozark), 515 Central Park Drive, Oklahoma City, Oklahoma 73105, filed 
in Docket No. CP02-392-000 an application pursuant to Section 7(c) of 
the Natural Gas Act (NGA) for a certificate of public convenience and 
necessity authorizing the construction of an upgrade to an existing 
delivery point in Arkansas, 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).
    Ozark proposes to upgrade its existing delivery point serving the 
Thomas B.Fitzhugh Generating Station (Fitzhugh) in Franklin County, 
Arkansas, in order to provide natural gas service to Arkansas Electric 
Cooperative Corporation (AECC). It is stated that AECC is re-powering 
the

[[Page 45108]]

generating station by replacing its current boiler with a dual fuel 
combustion turbine in order to increase its capacity and serve an 
expanding market. It is explained that Ozark's existing facilities 
would not provide sufficient capacity and pressure to supply gas to the 
electric generating station following the re-powering. It is asserted 
that Ozark will upgrade its measurement station by adding measurement 
devices to handle and accurately measure a minimum flow rate of 150 Mcf 
of gas per day (Mcfd) and a maximum flow rate of 45,000 Mcfd. Ozark 
estimates the cost of the proposed facilities at $475,212. Ozark 
requests that a certificate be issued by September 11, 2002, so that it 
can supply test gas to Fitzhugh by December 1, 2002.
    It is explained that the proposed upgrade could have been 
authorized under the automatic provisions of Ozark's blanket 
certificate. However, the project is located in an area of Western 
Arkansas (Township 9N, Range 26W) that is the subject of a Stipulation 
and Consent Agreement entered into between Ozark's predecessor, Ozark 
Gas Transmission System and the Commission in 1982. This settlement 
agreement requires Ozark to obtain a certificate of public convenience 
and necessity from the Commission before constructing any pipeline or 
compression facility in Township 9N, Range 26W.
    Any questions regarding this amendment should be directed to James 
F. Bowe, Jr., Attorney, Dewey Ballantine LLP, at (202) 429-1444.
    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 22, 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.

Linwood A. Watson, Jr.,
Deputy Secretary.
[FR Doc. 02-16968 Filed 7-5-02; 8:45 am]
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