[Federal Register Volume 67, Number 201 (Thursday, October 17, 2002)]
[Notices]
[Pages 64110-64111]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-26389]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP02-16-000]


Pan-Alberta Gas (U.S.) Inc.; Mirant Americas Energy Marketing, 
L.P.; Complainants, v. Northern Border Pipeline Company; Respondent; 
Notice of Complaint

October 10, 2002.
    Take notice that on October 8, 2002, pursuant to Rule 206 of the 
Rules of Practice and Procedure of the Federal Energy Regulatory 
Commission (Commission), 18 CFR 385.206, Pan-Alberta Gas (U.S.) Inc. 
(PAGUS) (by its agent Mirant Canada Energy Marketing, Ltd.) and Mirant 
Americas Energy Marketing, L.P. (MAEM) tendered for filing a Complaint 
against Northern Border Pipeline Company (Northern Border). PAGUS and 
MAEM request that the complaint be processed by the Commission on a 
fast track basis.
    PAGUS and MAEM allege that Section 26.2(b) of the General Terms and 
Conditions of Northern Border's tariff conflicts with long-standing 
Commission policies because it permits the pipeline in some 
circumstances to contract its capacity on a long term basis at 
discounted rates without posting the capacity for bid. They further 
allege that Section 26.2(b) subverts and undermines the Right of First 
Refusal (``ROFR'') process on the Northern Border system. PAGUS and 
MAEM request that the Commission invalidate Section 26.2(b).
    PAGUS and MAEM also request that the Commission clarify the rights 
of shippers whose capacity goes through the ROFR bidding process, but 
is not awarded to any party during that process because no bids 
acceptable to the pipeline were submitted. PAGUS and MAEM request the 
Commission to confirm that in that situation, the ROFR matching rights 
of the existing capacity holders will continue in effect for the 
remainder of their contract terms.
    Finally, PAGUS and MAEM request that the Commission grant 
preliminary relief in the form of an order prohibiting Northern Border 
from continuing the ROFR process with respect to PAGUS' capacity until 
after this Complaint is resolved.
    Any person desiring to be heard or to protest this filing should 
file with the Federal Energy Regulatory Commission, 888 First Street, 
NE, Washington, DC 20426, in accordance with rules 211 and 214 of the 
Commission's rules of practice and procedure (18 CFR 385.211 and 
385.214). Protests will be

[[Page 64111]]

considered by the Commission in determining the appropriate action to 
be taken, but will not serve to make protestants parties to the 
proceeding. Any person wishing to become a party must file a motion to 
intervene. The answer to the complaint and all comments, interventions 
or protests must be filed on or before October 18, 2002. 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. The answer 
to the complaint, 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.

Linwood A. Watson, Jr.,
Deputy Secretary.
[FR Doc. 02-26389 Filed 10-16-02; 8:45 am]
BILLING CODE 6717-01-P