[Federal Register Volume 61, Number 201 (Wednesday, October 16, 1996)]
[Notices]
[Pages 53909-53910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-26404]
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DEPARTMENT OF ENERGY
[Docket No. RP97-26-000]
Decatur Utilities, City of Decatur, Alabama v. Alabama-Tennessee
Natural Gas Company; Notice of Complaint
October 9, 1996.
Take notice that on October 4, 1996, Decatur Utilities, City of
Decatur, Alabama (Decatur) tendered for filing a complaint against
Alabama-Tennessee Natural Gas Company (Alabama-Tennessee) and a Motion
for Expedited Injunctive Relief pursuant to Section 5 of the Natural
Gas Act and Rules 206 and 212 of the Commission's Rules of Practice and
Procedure.
Decatur, a local distribution company customer of Alabama-
Tennessee, asks that the Commission enjoin Alabama-Tennessee's
premature application of the right of the first refusal (ROFR)
provision of its tariff, to the irreparable harm of Decatur. Decatur
states that on September 27, 1996, Alabama-Tennessee posted on its
Electronic Bulletin Board for bidding the firm capacity under Decatur's
four firm transportation contracts that expire over one year from now
on November 1, 1997. The posting stated that the bidding period would
end October 14, 1996, thereby triggering the 25-business day ROFR
process under Alabama-Tennessee's tariff.
Decatur states that since its firm transportation contracts with
Alabama-Tennessee do not expire until November 1, 1997, Alabama-
Tennessee's attempt to trigger the ROFR process by putting Deactur's
capacity up for bid now would require Decatur to have to exercise its
ROFR nearly a year prior to its contract's expiration.
Decatur states that Alabama-Tennessee's actions are a clear
violation of its tariff.
Decatur requests the Commission to: (i) Enjoin Alabama-Tennessee's
premature application of the ROFR provision of its tariff with regard
to Decatur's firm capacity; (ii) conclude that Alabama-Tennessee's
attempt to force Decatur to exercise its right of first refusal more
than a year before Decatur's contract with Alabama-Tennessee expires is
contrary to Order No. 636 and FERC policy, and unlawful under Alabama-
Tennessee's FERC-approved tariff; and (iii) order that Decatur is not
required to exercise its ROFR to retain its firm capacity on Alabama-
Tennessee any earlier than approximately 131 days prior to the
expiration date of the underlying service agreement as defined in the
schedule for the ROFR process in Alabama-Tennessee's tariff.
Due to the time-sensitive nature of the conduct complained, Decatur
urgently requests the Commission's expedited review of this complaint.
Alabama-Tennessee has set October 14, 1996 as the end of the bidding
period on Decatur's capacity. Under the tariff, Decatur would then have
25 business days in which to decide whether to exercise its ROFR, or
until November 20, 1996.
Any person desiring to be heard or to protest said complaint should
file a motion to intervene or a protest with the Federal Energy
Regulatory Commission, 825 North Capitol Street, N.E., Washington, D.C.
20426, in accordance with Rules 214 and 211 of the Commission's Rules
of Practice and Procedure 18 CFR 385.214, 385.211. All such motions or
protests should be filed on or before October 21, 1996. 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 motion to
intervene. Copies of this filing are on file with the Commission and
are available for public inspection. Answers to this complaint
[[Page 53910]]
shall be due on or before October 21, 1996.
Lois D. Cashell,
Secretary.
[FR Doc. 96-26404 Filed 10-15-96; 8:45 am]
BILLING CODE 6717-01-M
