[Federal Register Volume 73, Number 5 (Tuesday, January 8, 2008)]
[Notices]
[Pages 1332-1333]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-69]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP08-36-000]


Chestnut Ridge Storage LLC; Notice of Applications

December 28, 2007.
    Take notice that on December 14, 2007, Chestnut Ridge Storage LLC 
(Chestnut Ridge), Ten Thousand Memorial Drive, Suite 200, Houston, 
Texas 77024-3410, filed an application under section 7 of the Natural 
Gas Act (NGA) for authorization to construct and operate a new 
underground natural gas storage facility to be located in Fayette 
County, Pennsylvania and Monongalia and Preston Counties, West 
Virginia. 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. Questions concerning this Application may 
be directed to James F. Bowe, Jr., Dewey & LeBoeuf LLP, 975 F Street, 
NW., Washington, DC 20004-1405 (phone) 202-862-1000.
    Chestnut Ridge's Application seeks (1) a certificate of public 
convenience and necessity that would authorize Chestnut Ridge to 
construct, own, operate and maintain a high-deliverability depleted 
reservoir natural gas storage facility, the Junction Natural Gas 
Storage Project (JCT Project), that will accommodate the injection, 
storage and subsequent withdrawal of natural gas for redelivery in 
interstate commerce; (2) a blanket certificate pursuant to subpart G of 
18 CFR part 284 that will permit Chestnut Ridge to provide open-access 
firm and interruptible natural gas storage services on behalf of others 
in interstate commerce with pre-granted abandonment of such services; 
(3) a blanket certificate pursuant to Subpart F of 18 CFR part 157 that 
will permit Chestnut Ridge to construct, acquire, operate, rearrange 
and abandon certain facilities following construction of the proposed 
project; (4) authorization to provide the proposed storage services at 
market-based rates; and (5) approval of a pro forma FERC Gas Tariff, 
under which Chestnut Ridge will provide open-access natural gas storage 
services in interstate commerce.
    Chestnut Ridge also requests that the Commission waive the 
requirements of (i) 18 CFR 157.6(b)(8) and 157.14(a)(13), (14), (16), 
(17) (which relate to the filing of information required to justify 
rates on a cost-of-service basis, given that Chestnut Ridge proposes to 
charge market-based rates for the services it will provide); (ii) 18 
CFR 157.14(a)(10) (which requires a showing regarding accessible gas 
supplies that is not applicable to a storage project to which third 
parties will deliver their gas); (iii) 18 CFR 260.2 and part 201 
(accounting and reporting requirements appropriate for a cost-of-
service rate structure); and (iv) 18 CFR 284.7(e) and 284.10 (which

[[Page 1333]]

impose requirements relating to the design of rates that are not 
applicable to market-based rates).
    Chestnut Ridge states that the JCT Project would provide necessary 
natural gas infrastructure in furtherance of the Commission's policies 
supporting the development of new natural gas storage capacity. 
According to Chestnut Ridge, the JCT Project will increase the 
reliability of natural gas supply during periods of production and 
transportation interruptions and will enhance the reliability of the 
interstate pipeline grid. Chestnut Ridge states that the JCT Project 
will include up to twenty-six (26) storage injection/withdrawal wells 
with a total working gas storage capacity of up to 25 billion cubic 
feet (Bcf). Chestnut Ridge also states that the JCT Project will have 
gas injection and withdrawal capabilities of up to 500,000 dekatherms 
per day (Dth/d).
    Chestnut Ridge represents that construction and operation of the 
JCT Project will have minimal impacts on the natural environment and on 
adjacent landowners. Chestnut Ridge states that the market power study 
included with its Application demonstrates that Chestnut Ridge will not 
have market power in any relevant market. It asserts that the 
Commission can therefore conclude that Chestnut Ridge will be unable to 
charge or collect rates for its services that exceed just and 
reasonable levels.
    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9, 
within 90 days of this Notice the Commission staff will either: 
Complete its environmental assessment (EA) and place it into the 
Commission's public record (eLibrary) for this proceeding, or issue a 
Notice of Schedule for Environmental Review. If a Notice of Schedule 
for Environmental Review is issued, it will indicate, among other 
milestones, the anticipated date for the Commission staff's issuance of 
the final environmental impact statement (FEIS) or EA for this 
proposal. The filing of the EA in the Commission's public record for 
this proceeding or the issuance of a Notice of Schedule for 
Environmental Review will serve to notify federal and state agencies of 
the timing for the completion of all necessary reviews, and the 
subsequent need to complete all federal authorizations within 90 days 
of the date of issuance of the Commission staff's FEIS or EA.
    Any person desiring to intervene or to protest this filing must 
file 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. Any person wishing to become a party must file a notice of 
intervention or motion to intervene, as appropriate. Such notices, 
motions, or protests must be file on or before the comment date. Anyone 
filing a motion to intervene or protest must serve a copy of that 
document on the Applicant. On or before the comment date, it is not 
necessary to serve motions to intervene or protests on persons other 
than the Applicant.
    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 encourages electronic submission of protests and 
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit the 
original and 14 copies of the protest or intervention to the Federal 
Energy Regulatory Commission, 888 First Street, NE., Washington, DC 
20426.
    Comment Date: January 22, 2008.

Kimberly D. Bose,
Secretary.
 [FR Doc. E8-69 Filed 1-7-08; 8:45 am]
BILLING CODE 6717-01-P