[Federal Register Volume 68, Number 147 (Thursday, July 31, 2003)]
[Notices]
[Pages 44931-44932]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-19379]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP03-335-000]


Calpine Corporation and Otay Mesa Generating Company, LLC; Notice 
of Application

July 24, 2003.

    Take notice that on July 15, 2003, Calpine Corporation (Calpine) 
and Otay Mesa Generating Company, LLC (Otay Mesa) (the Applicants), 
both at 50 West San Fernando Street, San Jose, California 95113, filed, 
pursuant to Section 3 of the Natural Gas Act (NGA) and part 153 of the 
Commission's regulations, an application in Docket No. CP03-335-000, to 
amend the Section 3 authorization and Presidential Permit issued to 
Otay Mesa in Docket No. CP01-145-000 to insert Calpine's name in lieu 
of Otay Mesa, 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.
    The Applicants state that Otay Mesa's border crossing facilities 
authorized in Docket No. CP01-145-000 are located near San Diego, 
California at the United States/ Mexico border and are intended to 
import natural gas to fuel Otay Mesa's new power generation plant 
located 1.5 miles north of the border crossing facilities. Applicants 
explain that Otay Mesa, a wholly-owned subsidiary of Calpine, will be 
merged with and into Calpine as part of an internal restructuring of 
Calpine assets necessary to secure additional financing. Applicants 
further state that Calpine will be the successor to Otay Mesa's 
interest in the border crossing facilities with no change in the terms 
and conditions of the Section 3 authorization and Presidential Permit.
    Applicants also state that they did not conclusively determine that 
the merger would occur until July 9, 2003, and that the merger was 
expected to occur on or about July 16, 2003. Section 3 authorization 
and Presidential Permit are not transferrable, thus, Applicants request 
that the Commission waive the prior authorization requirements because 
the merger and the collateral thus provided for a needed bond sale is 
important to maintaining the financial strength of Calpine and 
constitute extraordinary circumstances which justify the requested 
waiver.
    Any questions regarding this application should be directed to 
Daniel M. Adamson, Davis Wright Tremaine LLP, 1500 K Street, NW., Suite 
450, Washington, DC 20005, or call (202) 508-6640 or FAX (202) 508-
6699.
    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

[[Page 44932]]

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.
    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.
    Comment Date: August 14, 2003.

Magalie R. Salas,
Secretary.
[FR Doc. 03-19379 Filed 7-30-03; 8:45 am]
BILLING CODE 6717-01-P