[Federal Register Volume 70, Number 43 (Monday, March 7, 2005)]
[Notices]
[Pages 11001-11002]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-914]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. CP02-63-002, CP05-75-000]


Tri-State Ethanol Co., LLC; Tri-State Financial Co., LLC d/b/a 
North Country Ethanol; Notice of Application

February 28, 2005.
    Take notice that on February 24, 2005, Tri-State Financial Co., 
LLC, d/b/a North Country Ethanol, (North Country), 47333 104th Street, 
P.O. Box 78, Rosholt, South Dakota, 57260, and Tri-State Ethanol Co., 
LLC, (Tri-State Ethanol) filed with the Commission an application 
pursuant to section 7(b) and 7(c) of the Natural Gas Act to abandon, by 
sale, Tri-State Ethanol's facilities, located in Roberts County, South 
Dakota and Richland County, North Dakota, originally authorized under 
CP02-63-001, to North Country due to bankruptcy proceedings. North 
Country also requests temporary authorization, pursuant to Sec.  
157.17, to operate the subject facilities. Additionally, North Country 
seeks Commission approval of the permanent transfer of the certificate 
of public convenience and necessity issued by the Commission to Tri-
State Ethanol in Docket No. CP02-63-001. Also, on February 25, 2005, 
North Country filed an amendment requesting the Commission to include 
in any authorizations the ability to transport gas solely on behalf of 
North Country. Finally, on February 25, 2005, North Country filed a 
supplement to its application detailing the economic and employment 
impacts the facilities have on the county in which the facilities are 
located, all as more fully set forth in the application which is on 
file with the Commission and open to public inspection. The filing may 
also be viewed on the Web 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 TTY, contact (202) 502-8659.
    On February 28, 2002, Tri-State Ethanol was issued a certificate 
(98 FERC ] 61,220 (2002)) to own and the operate subject facilities, 
consisting of a 10.5-mile, 4.5-inch diameter pipeline, located in 
Richland County, North Dakota and terminating at Tri-State's ethanol 
facility near Rosholt, in Roberts County, South Dakota. North Country 
states that although Tri-State Ethanol received its certificate and 
approval to place the subject delivery line into service, a fire and 
explosion at the plant occurred on December 31, 2002, and service on 
the certificated facilities never commenced. Also, North Country 
asserts that financial difficulties stemming from the fire and 
explosion forced Tri-State Ethanol to file on May 23, 2003, with the 
United States Bankruptcy Court for the District of South Dakota 
(Northern Div.) in Case No. 03-10194, for reorganization under Chapter 
11 of the Bankruptcy Code. On July 29, 2004, the proceeding was 
converted to a liquidation under Chapter 7 of the Bankruptcy Code 
pursuant to an order of the Bankruptcy Court. Subsequently, a court-
supervised auction of Tri-State Ethanol's assets, including the Plant 
and certificated delivery line was conducted. On December 22, 2004, the 
Bankruptcy Court issued an order approving the sale of numerous Tri-
State assets to North Country and the transfer of various permits and 
governmental authorizations related to the acquired assets. The subject 
application implements the arrangements approved by the Bankruptcy 
Court.
    Any questions concerning the application should be directed to 
Kevin K. Crago, General Manager, Tri-State Financial Co., LLC, 47333 
104th Street, P.O. Box 78, Rosholt, South Dakota, 57260, or call (605) 
537-4585.
    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, 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 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

[[Page 11002]]

proceeding can ask for court review of Commission orders in the 
proceeding.
    The Commission strongly encourages electronic filings of comments, 
protests, and interventions via the Internet in lieu of paper. See 18 
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web 
site (http://www.ferc.gov) under the ``e-Filing'' link.
    Comment Date: March 9, 2005.

Magalie R. Salas,
Secretary.
[FR Doc. E5-914 Filed 3-4-05; 8:45 am]
BILLING CODE 6717-01-P