[Federal Register Volume 67, Number 173 (Friday, September 6, 2002)]
[Notices]
[Pages 56996-56997]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-22706]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP02-428-000]


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

August 30, 2002.
    Take notice that on August 23, 2002, Ozark Gas Transmission, L.L.C. 
(Ozark), 515 Central Park Drive, Suite 600, Oklahoma City, Oklahoma 
73105, filed in Docket No. CP02-428-000, an application pursuant to 
Section 7(b) of the Natural Gas Act (NGA), as amended, and Part 157 of 
the regulations of the Federal Energy Regulatory Commission 
(Commission), for authorization to abandon facilities by sale or 
transfer and for a declaration that certain facilities will be exempt 
gathering facilities following their transfer, all as more fully set 
forth in the application 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.
    Ozark states that it is asking the Commission to issue an order 
granting permission and approval for Ozark to abandon certain 
jurisdictional facilities by sale to another interstate pipeline to 
accommodate service to a new electric generating facility currently 
under construction, and to transfer certain related lateral facilities 
to others which are to be non-jurisdictional gathering facilities.
    Specifically, Ozark is seeking authorization to: (1) Abandon by 
sale to Reliant Energy Gas Transmission Company (REGT) a 28.97 mile 
segment of Ozark's interstate pipeline system in Pittsburg and Latimer 
Counties, Oklahoma, including certain associated lateral pipelines and 
facilities (REGT Transferred Facilities); and (2) to abandon by 
transfer to Ozark's gathering pipeline affiliate, Ozark Gas Gathering, 
L.L.C. (OGG), the Moss Lateral pipeline and associated facilities (Moss 
Lateral Facilities), which are interconnected with the facilities to be 
sold to REGT near milepost 252 of the current Ozark mainline pipeline. 
Ozark states that it is also requesting a Commission determination that 
the Moss Lateral Facilities will be gathering facilities exempt from 
NGA regulation once they have been abandoned by Ozark.
    According to Ozark, REGT intends to use the REGT Transferred 
Facilities to deliver gas to the 1,220 MW Kiamichi Energy Facility 
(Kiamichi Facility), a new, combined-cycle, natural gas-fired electric 
generating facility which is currently under construction in Pittsburg 
County near Kiowa, Oklahoma. The Kiamichi Facility, which is being 
developed by Kiowa Power Partners, LLC, is expected to commence 
commercial operation in April 2003.
    As stated by Ozark, REGT plans to acquire the REGT Transferred 
Facilities, to provide service on the REGT Transferred Facilities and 
to perform associated construction pursuant to its blanket construction 
certificate and Section 157.208 of the Commission's Regulations. REGT 
has informed Ozark that it will file a ``prior notice'' concerning its 
proposed acquisition and related construction shortly after the 
Commission gives notice of Ozark's Application.
    Ozark states that the shippers whose gas currently is transported 
through the facilities Ozark proposes to abandon will not be harmed by 
the proposed transaction. REGT will continue to operate the REGT 
Transferred Facilities and provide transportation access to all 
interconnected producers and parties purchasing their gas. The other 
facilities to be abandoned in this proceeding will not be retired as 
part of Ozark's abandonment in this proceeding;\1\ these facilities 
will continue to be operated, albeit by OGG, rather than by Ozark. 
Similarly, Ozark's existing gas transmission operations will not be 
detrimentally affected. Following the proposed abandonments and 
transfers, Ozark states that it will continue to provide services 
previously authorized by the Commission on the remainder of its 
pipeline system, east of the REGT Transferred Facilities. There will be 
no reduction in the overall capacity of the Ozark system.
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    \1\ OGG does plan to retire one interconnection which is not 
currently being used following the transfer of the Moss Lateral 
Facilities.
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    Ozark states that it and REGT have entered into an Agreement for 
Purchase and Sale, dated August 2, 2002, that will

[[Page 56997]]

govern the sale of the REGT Transferred Facilities.
    Ozark states that it and OGG have entered into an Asset Transfer 
Agreement, dated August 22, 2002, that will govern the transfer of the 
Moss Lateral Facilities, at net book value, from Ozark to OGG.
    It is noted that the Kiamichi Facility may require natural gas 
transportation service on Ozark to test its facilities before the 
proposed abandonment, sale, purchase and construction will be 
completed. Accordingly, to provide for services to the Kiamichi 
Facility from October 1, 2002 until the earlier of July 1, 2003 or the 
commercial operation date of April 1, 2003, it is explained that Ozark 
and REGT have entered into an interruptible transportation service 
agreement under Ozark's Rate Schedule ITS for transportation of up to 
240,000 MMBtu on the Ozark system. Similarly, to meet the Kiamichi 
Facility's need for firm service beginning on the earlier of July 1, 
2003, or the commercial operation date of April 1, 2003, Ozark and REGT 
have entered into a firm transportation service agreement under Ozark's 
Rate Schedule FTS for transportation of up to 240,000 MMBtu on the 
Ozark system.
    Any questions concerning this application may be directed to James 
F. Bowe, Jr., Hugh E. Hilliard, Dewey Ballantine LLP, 1775 Pennsylvania 
Avenue NW, Washington, DC 20006-4605, at (202) 862-1000 or fax (202) 
862-1093; or Marla K. Adams, Manager, Governmental Affairs, Enogex 
Inc., 515 Central Park Drive, Suite 600, Oklahoma City, OK 73105, at 
(405) 557-5274 or fax (405) 557-7903.
    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 20, 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.
    Comments, protests and interventions may be filed electronically 
via the Internet in lieu of paper. The Commission strongly encourages 
electronic filings. 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. 02-22706 Filed 9-5-02; 8:45 am]
BILLING CODE 6717-01-P