[Federal Register Volume 68, Number 181 (Thursday, September 18, 2003)]
[Notices]
[Pages 54724-54725]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-23813]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP03-603-000]


Tennessee Gas Pipeline Company; Notice of Petition for Waiver

September 11, 2003.
    Take notice that on September 2, 2003, Tennessee Gas Pipeline 
Company (Tennessee) tendered for filing a letter giving notice to the 
Commission of the impending termination of two service agreements 
between Tennessee and USGen New England, Inc. (USGen). Tennessee states 
that USGen is currently a party to two Gas Transportation Agreements 
for use under Tennessee's Rate Schedule FT-A (Agreements). The 
Agreements are dated August 1, 2002 and run through October 31, 2013.
    Tennessee states that it has received information that USGen has 
filed a motion with the United States Bankruptcy Court for the District 
of Maryland seeking authorization to reject the Agreements. It is 
Tennessee's understanding that based on the Notice of Hearing filed by 
USGen, the Bankruptcy Court may rule to authorize the rejection, and 
thus terminate the Agreements, as early as September 4, 2003.
    Tennessee states that pursuant to Article VI, Section 2 of the 
General Terms and Conditions (GT&C) of Tennessee's FERC Gas Tariff, if 
Tennessee seeks to terminate a service agreement for non-payment, then 
Tennessee must provide at least thirty days notice of such termination. 
Tennessee submits that GT&C Article VI, Section 2 does not apply to the 
instant situation because here the shipper is seeking to have the 
Bankruptcy Court terminate the Agreements. In accordance with the 
Bankruptcy Court's rules, Tennessee states that it is not at this time 
seeking to terminate the Agreements for non-payment.
    Tennessee requests that the Commission grant Tennessee any waivers 
necessary, including a waiver of Article VI, Section 2 of the General 
Terms and Conditions of its tariff, for Tennessee to deem the 
agreements terminated immediately to the extent the Bankruptcy Court 
grants the motion to reject the Agreements, so that Tennessee may 
immediately remarket the capacity held under the Agreements.
    Tennessee states that copies of the filing will be served on USGen.
    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 the date as indicated below. 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 ``eLibrary''.
    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 TTY, contact (202) 502-8659. The Commission 
strongly encourages electronic filings. See 18 CFR 385.2001(a)(1)(iii) 
and the instructions on the Commission's web site under the ``e-
Filing'' link.

[[Page 54725]]

    Comment Date: September 18, 2003.

Magalie R. Salas,
Secretary.
[FR Doc. 03-23813 Filed 9-17-03; 8:45 am]
BILLING CODE 6717-01-P