[Federal Register Volume 67, Number 168 (Thursday, August 29, 2002)]
[Notices]
[Pages 55391-55392]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-22025]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP02-425-000]


Equitable Gathering LLC; Notice of Application

August 23, 2002.
    Take notice that on August 14, 2002, Equitable Gathering LLC 
(Equitable), Four Allegheny Center, 9th Floor, Pittsburgh, PA 15212-
5255, filed in Docket No. CP02-425-000, an application, pursuant to 
Section 7(c) of the Natural Gas Act (NGA), as amended, and the Federal 
Energy Regulatory Commission's (Commission) Rules and Regulations 
thereunder, for a limited jurisdiction certificate to allow Equitable 
to utilize certain facilities that Equitable intends to acquire from

[[Page 55392]]

Columbia Gas Transmission Corporation (Columbia) which upon their 
acquisition from Columbia will have as their primary function the 
gathering of natural gas.\1\ Equitable also request that the Commission 
consider its application on an expedited basis, so that authorization 
is effective no later than October 1, 2002, all as more fully set forth 
in the request 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 website 
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.
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    \1\ Columbia is filing an application to abandon the subject 
facilities pursuant to the Commission's prior notice procedures in 
[Docket No. CP02-426-000.
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    Equitable and Columbia entered into an agreement, dated April 11, 
2002, in which Columbia will sell and Equitable will purchase the 
facilities known as the KA-8 System with the rights-of-way and 
appurtenances, which consists of: Line KA-11 (approximately 0.8 mile of 
4-inch pipeline); Line KA-16 (approximately 0.1 mile of 4-inch 
pipeline); Line KA-7 (approximately 6 miles of 8-inch pipeline); Line 
KA-8 (approximately 15.5 miles of 8-inch pipeline); Harper Compressor 
Station (one 280 hp compressor unit); Raleigh Compressor Station (two 
140 hp compressor units). Historically, the KA-8 facilities were used 
by Columbia to transport locally produced gas for delivery into 
Columbia's mainline system for redelivery to various markets. 
Additionally, the historical operation of the KA-8 facilities has 
included the provision of transportation service on behalf of 
Mountaineer Gas Company (Mountaineer), a local distribution company 
(LDC) subject to the jurisdiction of the West Virginia Public Service 
Commission. Such service included deliveries to about 100 field tap 
customers, and to approximately 8 town border stations at the city of 
Beckley, West Virginia.
    According to Equitable, the agreement between Equitable and 
Columbia provides for Equitable to continue to provide service to 
Mountaineer at the field taps and the border stations at Beckley. 
Equitable states that during the winter operations when local 
production received into the KA-8 facilities will not be sufficient to 
meet the needs of the Mountaineer customers, then gas from Columbia's 
Line KA will flow north into the KA-8 facilities to supplement the 
local production. Equitable states that Columbia and Equitable have 
agreed that the Effective Date of the sale of the KA-8 facilities shall 
not occur until Columbia receives all necessary approvals fro the 
Commission to abandon such facilities and Equitable receives a limited 
jurisdiction certificate.
    Equitable contends that it will utilize the facilities as part of 
its primary function of gathering with the occasional delivery of gas 
received from Columbia to Mountaineer through the gathering facilities 
being incidental to the primary gathering function of the facilities. 
Equitable also asks that it not be subjected to all the filing and 
accounting requirements applicable to interstate pipeline companies. 
Equitable states that it seeks only a limited jurisdiction certificate 
and will refuse any certificate that considers the primary purpose of 
the facilities to be interstate transmission with the full panalopy of 
regulatory requirements under the NGA. Equitable's application includes 
a discussion of the primary function of the KA-8 facilities. Columbia 
will sell the facilities to Equitable for the net depreciated book cost 
at the time of closing, estimated to be $2,000,000.
    Any questions concerning this request may be directed to Gregory S. 
Davis, President, Equitable Gathering LLC, Four Allegheny Center, 9th 
Floor, Pittsburgh, PA, 15212-5255 at (412) 395-3000 or fax (412) 395-
3155.
    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 13, 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 nonparty 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.
    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. 02-22025 Filed 8-27-02; 8:45 am]
BILLING CODE 6717-01-P