[Federal Register Volume 67, Number 167 (Wednesday, August 28, 2002)]
[Notices]
[Pages 55218-55219]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-21846]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP02-424-000]


Westpan Resources L.P.; Notice of Petition

August 21, 2002.
    On August 12, 2002, Westpan Resources L.P., (Westpan), pursuant to 
Rule 207 of the Rules of Practice and Procedure of the Federal Energy 
Regulatory Commission (Commission), 18 CFR 385.207, filed a petition 
for a declaratory order in Docket No. CP02-424-000 requesting that the 
Commission declare certain onshore natural gas gathering and related 
facilities located in the Panhandle Field of Texas as gas gathering 
facilities exempt from the Commission's jurisdiction under section 1(b) 
of the Natural Gas Act (NGA), all as more fully set forth in the 
petition which is on file with the Commission and open to public 
inspection. This filing is available for review at the Commission in 
the Public Reference Room or may be viewed on the Commission's Web site 
at http://www.ferc.gov using the ``FERRIS'' link. Enter the docket 
number excluding the last three digits in the docket number field to 
access the document. For Assistance, call (202) 502-8222 or for TTY, 
(202) 208-1659.
    Westpan states that its affiliate, Pioneer Natural Resources USA, 
Inc. (Pioneer) is to acquire from Colorado Interstate Gas Company (CIG) 
under an April 13, 2002 Gathering Assets Purchase and Sale Agreement 
(PSA) certain onshore natural gas gathering and related facilities. 
Westpan has stated that neither it nor Pioneer are affiliated with CIG, 
and neither are natural gas companies subject to the Commission's 
jurisdiction under the NGA. Under the PSA, Pioneer is entitled to 
designate the entity that will hold the assets that are the subject of 
the PSA and that entity will be its affiliate, Westpan. Westpan states 
that the facilities to be transferred to it under the PSA are 
nonjurisdictional gathering facilities exempt from the Commission's 
jurisdiction under NGA Section 1(b).
    Pioneer and CIG have entered into the PSA for the transfer of 
facilities at a purchase price of $19.5 million. The facilities to be 
transferred to Westpan under the PSA are located in the Panhandle Field 
in Carson, Moore, Potter, Hartley, Hutchinson and Oldham Counties, 
Texas. Westpan states that the transfer of facilities will consist of: 
(i) Approximately 700 miles of onshore gathering pipeline ranging in 
diameter from 2-inches to 24-inches with approximately 781 wells 
attached; (ii) 18 Panhandle Field Compressor (PFC) stations totaling 
approximately 49,000 horsepower; (iii) approximately 42 miles of 
certificated fuel gas lines ranging in diameter from 1-inch to 20-
inches; and (iv) miscellaneous appurtenant facilities.
    This petition is a companion filing to CIG's Application for 
Permission and Approval to Abandon the Panhandle Gathering System by 
sale to Pioneer filed on July 31, 2002, in Docket No. CP02-417-000, 
wherein CIG demonstrates that the subject facilities are 
nonjurisdictional gathering facilities to which abandonment under 
Section 7(b) of the NGA is warranted. Wholly consistent with the 
abandonment application, Westpan states that these subject facilities 
are nonjurisdictional gathering facilities and is petitioning the 
Commission for a declaratory order disclaiming jurisdiction.
    Any questions concerning this petition may be directed to Bruce F. 
Kiely, Mark K. Lewis, Mark J. O'Brien, Baker Botts LLP, The Warner, 
1299 Pennsylvania Ave., NW., Washington, DC 20004-2400 at (202) 639-
7700 or Mark L. Withrow, Pioneer Natural Resources USA, Inc., Executive 
Vice President and General Counsel, 5205 N. O'Connor Blvd, Suite 1400, 
Irving, TX 75039-3746 at (972) 969-4090.
    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 September 11, 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

[[Page 55219]]

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. The Commission strongly encourages electronic filings.
    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. 02-21846 Filed 8-27-02; 8:45 am]
BILLING CODE 6717-01-P