97-2118. Amoco Production Company, et al.; Notice of Complaint  

  • [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