[Federal Register Volume 64, Number 204 (Friday, October 22, 1999)]
[Proposed Rules]
[Page 56982]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-27607]
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Proposed Rules
Federal Register
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This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 64, No. 204 / Friday, October 22, 1999 /
Proposed Rules
[[Page 56982]]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
18 CFR Part 281
[Docket Nos. RM79-15-001, RM89-67-000, RM91-1-000, RM91-13-000]
Termination of Rulemaking Proceedings
Issued October 18, 1999.
AGENCY: Federal Energy Regulatory Commission, DOE.
ACTION: Proposed rulemaking: termination.
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SUMMARY: The Commission has determined that it will take no further
action in Docket Nos. RM79-15-001, RM89-67-000, RM91-1-000 and RM91-13-
000, and therefore, the dockets may be closed.
Before Commissioners: James J. Hoecker, Chairman; Vicky A. Bailey,
William L. Massey, Linda Breathitt, and Curt Hebert, Jr.
Proposed Regulations for the Implementation of Section 401 of the
Natural Gas Policy Act of 1978
Docket No. RM79-15-001
Hearing and Public Comment on the Proposed Rule of the Department of
Energy Relating to Establishing Natural Gas Curtailment Priorities
Interstate Pipelines
Docket No. RM89-67-000
Chemical Manufacturers Association
Docket No. RM91-1-000
Illinois Commerce Commission
Docket No. RM91-13-000
Order Terminating Dockets
After reviewing the records in the captioned dockets, the
Commission has determined that it will take no further action in these
proceedings and therefore that the dockets may be closed.
Docket Nos. RM79-15-001, RM80-67-000 and RM91-1-000
On July 29, 1981, the U.S. Court of Appeals for the DC Circuit
issued an order \1\ remanding in part a final rule issued by the
Commission in Docket No. RM79-15-000 \2\ pursuant to section 401 of the
Natural Gas Policy Act (NGPA). Specifically, the court remanded the
Commission's finding that it was bound, for purposes of establishing
interstate pipelines' natural gas curtailment priorities,\3\ by the
Secretary of Agriculture's decision to certify 100 percent of
agricultural users' current requirements as necessary for the
maintenance of food and fiber production.
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\1\ Process Gas Consumers Group v. U.S. Department of
Agriculture, 694 F.2d 728 (1981), modified, 694 F.2d 778 (1982).
\2\ 44 FR 3,725 (1979).
\3\ The Commission's regulations at 18 CFR Part 281 relating to
natural gas curtailment priorities were promulgated in 1979. 44 FR
26,862 (May 8, 1979).
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On July 17, 1980, in Docket No. RM80-67-000, the Commission issued
a notice of proposed rulemaking to review natural gas curtailment
priorities for interstate pipelines.
On June 19, 1990, in Docket No. RM91-1-000, Chemical Manufacturers
Association (Chemical Manufacturers) filed a petition for review of
natural gas pipeline curtailment procedures for the purpose of
distinguishing between supply and capacity related curtailments.
Since there is no foreseeable need for curtailment of interstate
pipelines' natural gas supply deliveries, the Commission is not
reviewing curtailment priorities at this time.\4\ Further, in the
unlikely event of the need for pipeline supply curtailment arising in
the foreseeable future, the records in these dockets would be stale for
such purposes. Accordingly, the Commission is terminating these
dockets.
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\4\ Data collected by the Energy Information Administration
(EIA) and summarized in its June 1999 publication on ``Natural Gas
1998, Issues and Trends'' (EIA report), shows that as the result of
the Commission's open access program, almost all natural gas is now
purchased directly from producers with pipelines principally
providing transportation services for their customers. EIA report at
p. 109. Further, the Form 2 data that the Commission requires
pipelines to file shows that pipelines' gas sales have steadily
decreased to relatively minimal volumes since the Commission
initiated its open access program in 1985. (EIA's report is
available on the Web at http://www.eia.doe.gov/oil__gas/
natural__gas/analysis__publications/
natural__gas__1998__issues__and__trends/it98.html.)
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Docket No. RM91-13-000
On April 30, 1991, in Docket No. RM91-13-000, the Illinois Commerce
Commission filed a petition for a rulemaking to address the extent to
which local distribution companies (LDCs) should be shielded from the
passthrough of interstate pipelines' take-or-pay obligations as a means
of providing the LDCs with relief from bypass by interstate pipelines.
The Commission's bypass policy has been developed in individual cases,
and the issues raised in the petition have been largely resolved.
Accordingly, the Commission is terminating rulemaking Docket No. RM-13-
000.
The Commission Orders
The proceedings in Docket Nos. RM79-15-001, RM80-67-000, RM91-1-
000, and RM91-13-000 are terminated.
By the Commission.
David P. Boergers,
Secretary.
[FR Doc. 99-27607 Filed 10-21-99; 8:45 am]
BILLING CODE 6717-01-P
