[Federal Register Volume 68, Number 83 (Wednesday, April 30, 2003)]
[Notices]
[Pages 23119-23120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-10619]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP03-76-000]


Norteno Pipeline Company and OkTex Pipeline Company; Notice of 
Application

April 24, 2003.
    Take notice that on March 31, 2003, Norteno Pipeline Company 
(Norteno) and OkTex Pipeline Company (OkTex) (collectively, 
Applicants), both located at 100 West Fifth Street, Tulsa, Oklahoma 
74103, filed with the Federal Energy Regulatory Commission (Commission) 
in Docket No. CP03-76-000, a joint application pursuant to Sections 
7(b) and 7(c) of the Natural Gas Act (NGA) and part 157 of the 
Commission's regulations for authorization for Norteno to abandon and 
OkTex to acquire and operate Norteno's interstate pipeline facilities 
located in Texas and New Mexico, as more fully described in the 
application. 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, please contact FERC Online Support 
at [email protected] or toll-free at (866)208-3676, or for 
TTY, contact (202)502-8659.
    Applicants state that Norteno's system consists of two short 
pipelines that cross the Texas/New Mexico border (Southern Division 
facilities) and three pipelines that cross the United States/Mexico 
International Boundary line at El Paso Texas (Del Norte facilities). 
Norteno and OkTex are both wholly owned subsidiaries of ONEOK, Inc. The 
transfer of facilities is said to be in the nature of a corporate 
restructuring and will not result in any change or interruption in 
service to Applicant's shippers. The applicants state that upon 
approval of the authorization requested, OkTex will operate the 
facilities as part of its interstate pipeline system and will provide 
open access transportation service to shippers requesting service on 
these facilities pursuant to the terms and conditions of OkTex's FERC 
Gas Tariff. Since Norteno will then have no facilities in interstate 
commerce, Norteno requests the Commission to release it from all 
obligations under the NGA and Commission regulations and to cancel its 
tariffs.
    On April 15, 2003, Applicants filed related applications in Docket 
Nos. CP03-99-000 and CP03-100-000 to allow OkTex to succeed to 
Norteno's existing Presidential Permit and Section 3 authority, 
respectively, related to the transferred border crossing facilities.
    Any questions regarding this application should be directed to 
Vivian C. Hale, Gabel & Gotwals, 1100 ONEOK Plaza, 100 West Fifth 
Street, Tulsa, Oklahoma 74103-4217, or call (918)595-4822 or FAX 
(918)595-4990.
    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 the comment date stated below, file with the Federal Energy 
Regulatory Commission, 888 First Street, NE., Washington, DC 20426,

[[Page 23120]]

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 and landowner impacts from this 
proposal, it is important either to file comments or to intervene as 
early in the process as possible.
    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.
    Comment Date: May 15, 2003.

Magalie R. Salas,
Secretary.
[FR Doc. 03-10619 Filed 4-29-03; 8:45 am]
BILLING CODE 6717-01-P