[Federal Register Volume 67, Number 191 (Wednesday, October 2, 2002)]
[Notices]
[Pages 61858-61859]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-25014]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. OR02-13-000]


SFPP, L.P.; Notice of Petition for Declaratory Order

September 26, 2002.
    Take notice that on September 19, 2002, SFPP, L.P. (SFPP) filed in 
Docket No. OR02-13-000, a petition for a declaratory order, pursuant to 
Rule 207(a)(2) of the Commission's Rules of Practice and Procedure (18 
CFR 385.207(a)(2)). SFPP requests that the Commission issue an 
expedited decision on this Petition no later than the end of December 
2002. This filing may be viewed online at http://www.ferc.fed.us/ferris.htm, on file with the Commission and open to public inspection.
    SFPP states that it proposes to expand the capacity of its 
currently constrained East Line, which operates under Tariff FERC No. 
73 and provides service from El Paso, TX and Diamond Junction, TX to 
Lordsburg, NM, Tucson, AZ, and Phoenix, AZ, as follows: (1) SFPP 
proposes to expand the capacity of the East Line's segment from El Paso 
to Tucson by approximately 53,000 barrels per day, and (2) SFPP 
proposes to expand the capacity of the East Line's segment from Tucson 
to Phoenix by approximately 44,000 barrels per day.
    SFPP's East Line has been under prorationing since the beginning of 
1999. The current constrained capacity of the East Line is expected to 
be exacerbated by anticipated expansions of refineries and a pipeline 
currently providing supply to the East Line, and by the opening of 
Longhorn Pipeline. SFPP states that letters of intent received from 
current and potential East Line shippers regarding this proposed 
expansion indicate that this expansion is necessary and will be 
utilized.
    In order to go forward with this proposed expansion of the East 
Line, SFPP states that it seeks, by the end of December 2002 a 
Commission declaration:
    (a) That a substantial divergence, pursuant to Section 342.4(a), 
can be based on a capital investment, such as SFPP's investment in the 
proposed East Line expansion;
    (b) that, if cost-of-service tariff rates calculated in the event 
the proposed East Line expansion goes into service exceed indexed 
tariff rates by 20 percent or more, the Commission will find that such 
a difference constitutes a substantial divergence pursuant to Section 
342.4(a) under the circumstances of the East Line and will permit SFPP 
to charge such cost-of-service tariff rates; and
    (c) that if, in response to a protest concerning the level of the 
tariff rates, the Commission suspends East Line cost-of-service tariff 
rates filed by SFPP following the proposed East Line expansion, those 
rates will be accepted for filing and made effective as of the date 
proposed by SFPP, subject to refund.
    SFPP states that without favorable Commission action on these 
requests, it will not undertake the proposed East Line expansion. 
Assuming Commission approval of SFPP's Petition for Declaratory Order 
and request for expedited decisions, SFPP states that it anticipates 
construction to begin in 2004 and service on the expanded East Line to 
begin in the first quarter of 2005.
    Any person desiring to be heard or to protest said filing should 
file a motion to intervene or a protest with the Federal Energy 
Regulatory Commission, 888 First Street, NE, Washington, DC 20426, in 
accordance with Sections 385.214 or 385.211 of the Commission's Rules 
and Regulations. All such motions or protests must be filed on or 
before October 21, 2002. Protests will be considered by the Commission 
in determining the appropriate action to be taken, but will not serve 
to make protestants parties to the proceedings. Any person wishing to 
become a party must file a motion to intervene. 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) 502-8659. 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

[[Page 61859]]

instructions on the Commission's Web site under the ``e-Filing'' link.

Linwood A. Watson, Jr.,
Deputy Secretary.
[FR Doc. 02-25014 Filed 10-1-02; 8:45 am]
BILLING CODE 6717-01-P