[Federal Register Volume 69, Number 16 (Monday, January 26, 2004)]
[Notices]
[Pages 3572-3573]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-101]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP04-139-000]


Virginia Natural Gas, Inc., Complainant v. Columbia Gas 
Transmission Corporation, Respondent; Notice of Complaint

January 14, 2004.
    Take notice that on January 13, 2004, Virginia Natural Gas, Inc. 
(VNG) pursuant to rule 206 of the rules of practice and procedure of 
the Federal Energy Regulatory Commission (Commission), 18 CFR 385.206 
(2003), filed a Complaint against Columbia Gas Transmission Corporation 
(Columbia). VNG alleges that Columbia violated Sections 4, 5, and 7(b) 
of the Natural Gas Act, 15 U.S.C. 717c, 717d, and 717f(b), and the 
Commission's regulations applicable to open-access transportation of 
natural gas, 18 CFR 284, Columbia's Tariff, and Columbia's service 
agreements with VNG when Columbia:
     Reduced by 75 percent, for a period beginning 
February 20, 2003, and extending through the end of the 2002-2003 
heating season, Liquefaction Demand under Columbia's Rate Schedule X-
133, providing for natural gas liquefaction, storage, vaporization and 
delivery service to VNG, for reasons of claimed ``force majeure'' when, 
in fact, the reason was the innate inability of Columbia's facilities 
to perform consistently with the requirements of Columbia's 
certificate;
     With respect to deliveries to VNG's Southern 
System, failed on five separate occasions during the 2002-03 heating 
season, to meet Minimum Daily Pressure Obligations set out, pursuant to 
Columbia's Tariff, in Columbia's service agreements with VNG under 
Columbia's Rate Schedules FTS and SST; and
     Curtailed, severely if not entirely, VNG's 
storage withdrawals under Columbia's Rate Schedule FSS providing for 
firm storage service when Columbia's inability to perform is traceable 
to Columbia's own operating practices, including, during the critical 
period, offering service under its PAL Rate Schedule providing for 
interruptible parking and lending service.
    VNG states that Columbia's violations harmed VNG by requiring VNG 
to take extraordinary and costly measures to continue to serve the 
customers, including high priority customers, that depend upon VNG's 
Southern System and requiring VNG to forego numerous asset value 
maximization opportunities.
    By way of remedy, VNG requests the Commission to order Columbia, 
pursuant to section 16 of the NGA, 15 U.S.C. 717o, to make a monetary 
payment to VNG to prevent Columbia's unjust enrichment and to place VNG 
in the position VNG would have occupied absent Columbia's violations. 
Additionally, VNG also requests the Commission to require Columbia to 
take all necessary actions, including the construction or repair of 
facilities without additional cost to VNG or Columbia's other shippers, 
to ensure that Columbia has the requisite facilities in place to meet 
Columbia's firm obligations to VNG each and every day. VNG also 
requests the Commission to grant VNG any other relief the Commission 
believes is appropriate under the circumstances. Lastly, VNG requests, 
pursuant to 18 CFR 1b.8(a), that the Commission issue, pursuant to 18 
CFR 1b.5, an Order of Investigation setting a formal, public 
investigation into whether Columbia unlawfully subordinated firm 
storage service to interruptible service.
    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 considered by the Commission in determining 
the appropriate action to be taken, but will not serve to make 
protestants parties to the proceeding.

[[Page 3573]]

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 the comment date. 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'' 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 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.
    Comment Date: January 29, 2004.

Magalie R. Salas,
Secretary.
 [FR Doc. E4-101 Filed 01-23-04; 8:45 am]
BILLING CODE 6717-01-P