[Federal Register Volume 68, Number 104 (Friday, May 30, 2003)]
[Notices]
[Pages 32478-32479]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-13481]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. CP03-296-000 and CP03-298-000]


NGO Transmission, Inc.; Notice of Application

May 22, 2003.
    Take notice that on May 13, 2003, NGO Transmission, Inc. (NGO 
Transmission), 1500 Granville Road, Newark, Ohio 43058-4970, filed with 
the Federal Energy Regulatory Commission (Commission) in Docket No. 
CP03-296-000, an abbreviated application pursuant to section 7(c) of 
the Natural Gas Act and part 157 of the Commission's regulations for a 
certificate of public convenience and necessity authorizing the 
acquisition, ownership, and operation of certain existing natural gas 
pipeline and storage facilities located in central Ohio, as more fully 
described in the application. NGO Transmission also requests in Docket 
No. CP03-298-000, that the Commission issue a blanket certificate of 
public convenience and necessity pursuant to section 7(c) of the 
Natural Gas Act and under part 157, Subpart F of the Commission's 
regulations. NGO Transmission further requests that the Commission act 
on its application by October 1, 2003, so that the reorganization can 
be completed by the start of the 2003/2004 winter heating season.
    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. Any questions regarding this application should 
be directed to Ned Hengerer or Douglas John, Counsel for NGO 
Transmission, Inc., John & Hengerer, 1200 17th Street, NW., Suite 600, 
Washington, DC 20036-3013, electronic mail: [email protected], 
phone: (202) 429-8811, fax: 202-429-8805.
    Specifically, NGO Transmission, a single member cooperative, 
requests authorization to acquire, own, and operate approximately 171 
miles of existing small and medium diameter natural gas pipeline and 
three connected storage facilities with an aggregate peak day 
transportation

[[Page 32479]]

throughput capacity of 76,773 MMBtu/d and total storage capacity of 
6,047,130 MMBtu and 43,260 MMBtu/d peak withdrawal rate. NGO states 
that no new facilities are to be constructed. The existing facilities 
are currently owned by an affiliated local distribution company, 
National Gas and Oil Cooperative (NGO), and operated as Hinshaw 
facilities exempt from the Commission's jurisdiction under section 1(c) 
of the Natural Gas Act. Upon receipt of the requested certificate, NGO 
states that it will transfer the transportation and storage facilities 
to NGO Transmission through an internal business reorganization and NGO 
Transmission will commence stand-alone interstate transportation and 
storage service. NGO asserts that it will retain and continue to 
operate its local distribution facilities. NGO states that this 
internal reorganization is intended to enable NGO to separately account 
for and recover upstream transportation and storage costs through a gas 
cost rate (GCR) mechanism that is similar to those used by other Ohio 
local distribution companies, including those with whom NGO competes.
    NGO Transmission states that the internal reorganization will 
neither degrade existing services nor alter the historical function of 
the facilities that are to be acquired, namely, the transportation and/
or storage of natural gas on behalf of NGO and two other affiliated 
entities that produce and/or market natural gas in the area. NGO states 
that no other shippers receive service. To preserve the unique and 
strictly local nature of the system's existing operations, NGO 
Transmission requests that the Commission waive the regulatory 
requirements stated in part 284 to operate on an open access basis, as 
well as the Standards of Conduct imposed on pipelines with affiliated 
marketing entities under part 161. If the Commission determines that an 
unconditional waiver of part 284 is inappropriate, NGO Transmission is 
willing to accept a conditional waiver under which it would commit to 
filing a part 284 open access tariff upon receiving a bona fide request 
for service from an unaffiliated entity.
    NGO Transmission proposes to replicate NGO's existing use of the 
facilities by providing, on a contractual part 157 basis, bundled firm 
transmission and storage no-notice service with a monthly cost-based 
reservation rate of $4.03 per MMBtu. NGO Transmission also proposes to 
provide to affiliates Producers Gas Sales, Inc. and NGO Development 
Corporation contractual interruptible transportation service at a 100% 
load factor rate of 6.6 per MMBtu transported and contractual 
interruptible storage service at a 100% load factor rate of 7 per MMBtu 
stored per month.
    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, 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 Natural Gas Act (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 their 
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 Commission's review of this 
project should submit an original and two copies of their comments to 
the Secretary of the Commission. Names of commenters will be placed on 
the Commission's environmental mailing list, will receive copies of any 
environmental documents, and will be notified of meetings associated 
with the Commission's environmental review process, if any. 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, if 
any) and will not have the right to seek court review of the 
Commission's final order. Thus, 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 Due Date: June 13, 2003.

Magalie R. Salas,
Secretary.
[FR Doc. 03-13481 Filed 5-29-03; 8:45 am]
BILLING CODE 6717-01-P