[Federal Register Volume 62, Number 19 (Wednesday, January 29, 1997)]
[Notices]
[Page 4276]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-2118]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. RP97-232-000]
Amoco Production Company, et al.; Notice of Complaint
January 23, 1997.
Take notice that on January 17, 1997, pursuant to Rule 206 of the
Rules of Practice and Procedure of the Federal Energy Commission, 18
CFR Section 385.206, Amoco Production Company and Amoco Energy Trading
Corporation (collectively, Amoco) tendered for filing a Verified
Complaint, Request For Show Cause Order, Request For Interim Relief And
Request For Shortened Answer Period against Natural Gas Pipeline
Company of America (Natural).
Amoco alleges that Natural has been engaged in a continuous pattern
of undue discrimination and undue favoritism in favor of its affiliate,
MidCon Gas Services Corporation (MidCon Gas) in violation of Sections
4, 5, 8, and 10 of the Natural Gas Act (NGA), 15 U.S.C. Secs. 717c,
717d, 717g and 717i, Sections 311 (a)(1) and (c) of the Natural Gas
Policy Act (NGPA), 15 U.S.C. Secs. 3371 (a)(1) and (c), Order No. 636,
Order No. 497, Order No. 566 and the Commission's policies and
principles on which those orders are based.
Natural's pattern of discriminatory conduct, Amoco argues, is
demonstrated through several of Natural's actions: (1) Natural fails to
follow its currently effective tariff procedures for the awarding of
available capacity; (2) Natural fails to make available unsubscribed
capacity and to post adequate, timely and usable information on
unsubscribed capacity; (3) Natural retains for itself absolute
discretion in how it will weigh bid criteria and award capacity on any
given day; (4) Natural awards capacity to its affiliated marketer,
MidCon Gas, on terms not made available to nonaffiliated shippers; (5)
Natural periodically uses an auction procedure--not contemplated by
Natural's Tariff and not used on a consistent or regular basis--that
ensures that MidCon Gas can acquire available capacity to the exclusion
of nonaffiliated shippers; (6) Natural releases MidCon Gas from
capacity commitments on a discriminatory basis; (7) Natural has cycled
employees to its affiliated gas marketer and maintained during the
period in which it allocated the vast majority of its uncommitted firm
capacity to MidCon Gas an entangled organizational structure that
violates Order Nos. 497 and 566; (8) Natural violates numerous of the
Commission's Order Nos. 497 and 566 Standards of Conduct codified at 18
CFR Sec. 161.3; and (9) Natural fails to post information on its
transactions with its affiliated marketer, MidCon Gas as required by
Order Nos. 497 and 566.
In addition, Amoco asks that the Commission order Natural to show
cause why (1) each of its currently effective contracts with its
affiliate MidCon Gas should not be terminated as each is the result of
undue discrimination in violation of Sections 4 and 5 of the NGA and
Section 311(a)(1) of the NGPA; (2) Section 5.1 of its General Terms and
Conditions is not in violation of the Commission's regulations, and why
Natural should not be ordered to include specific bid evaluation
criteria; (3) its Tariff is not in violation of Commission posting
requirements, and why it should not be ordered to post all available
capacity on its EBB; (4) its systematic and pervasive undue
discrimination and violations of Order Nos. 497 and 566 should not be
remedied with a Commission order divorcement whereby MidCon Gas is
precluded from recontracting for firm capacity on Natural; and (5) it
should not be subject to the maximum civil penalties of $5,000 per day
per violation for its violations of the NGPA. Amoco also asks that the
Commission require Natural to demonstrate that its organizational
structure has been in compliance with the Order Nos. 497 and 566
requirements of the separation of operating personnel.
Any person desiring to be heard or protest said Complaint should
file a motion to intervene or protest with the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426, in
accordance with section 385.214 and 385.211 of the Commission's Rules
of Practice and Procedure. All such motions or protests must be filed
on or before February 24, 1997. Protests will be considered by the
Commission in determining the appropriate action to be taken, but will
not serve to make a protestant party to the proceeding. Any person
wishing to become a party must file a motion to intervene. Copies of
this filing are on file with the Commission and are available for
public inspection in the Public Reference Room. Answers to this
complaint are due on or before February 24, 1997.
Lois D. Cashell,
Secretary.
[FR Doc. 97-2118 Filed 1-28-97; 8:45 am]
BILLING CODE 6717-01-M
