[Federal Register Volume 63, Number 218 (Thursday, November 12, 1998)]
[Notices]
[Pages 63308-63309]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-30171]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. CP99-37-000]
Town of Colorado City, Arizona; Notice of Petition for
Declaratory Order
November 5, 1998.
Take notice that on October 27, 1998, the Town of Colorado City,
Arizona (Colorado City), P.O. Box 70, Colorado City, Arizona 86021
filed a petition for the declaratory order addressing the question of
the Commission's jurisdiction over Questar Gas Company (Questar) as it
relates to Questar providing a natural gas transportation service for
Colorado City, all as more fully set forth in the application on file
with the Commission an open to public inspection.
It is stated that Colorado City is in the process of establishing a
municipal gas distribution system to serve residential, commercial and
industrial customers. It is asserted that Colorado City has determined
that it can obtain natural gas supply from sources outside of Arizona
and have the gas transported by interstate pipelines. Colorado City
states that it has requested Questar to transport gas from its system
in Utah to an interconnection, located in Hurricane, Utah, with the
facilities of the City of Hildale, Utah (Hildale). It is explained that
Colorado City has an agreement with Hildale for transportation to
Hildale, Utah, which is located on the Arizona border. Colorado City
asserts that Questar presently transports gas from interstate sources
to the Hildale Electric Power Plant, an end-user. It is explained that
Colorado City sent a letter December 7, 1998, to Questar requesting
transportation service to Hildale for use in Colorado City's
distribution system in Arizona. It is further explained that Questar
refused this request in a letter sent on January 5, 1998, stating that
Questar is not in the business of transporting gas for resale.
In this petition, Colorado City requests that the Commission issue
a declaratory order which addresses the question of whether the
Commission has exclusive jurisdiction to order Questar to provide an
interstate transportation service through its pipeline facilities in
Utah to Colorado City's facilities in Arizona.
Colorado City requests a determination as to whether Questar's
refusal to provide such a service is in violation of the Commission's
Regulations in light of Colorado City's assertion that Questar is
transporting similar gas for use in a municipal electric plant.
Colorado City requests a determination as to whether it can file an
application under Section 7(a) of the Natural Gas Act requesting the
Commission to compel Questar to provide the requested service.
Any person desiring to be heard or to make any protest with
reference to said application should on or before November 27, 1998,
file with the Federal Energy Regulatory Commission, Washington, D.C.
20426, a motion to intervene or a protest in accordance with the
requirements of the Commission's Rules of Practice and Procedure (18
CFR 385.214 or 385.211) and the Regulations under the Natural Gas Act
(18 CFR 157.10). All protests filed with the Commission will be
considered by it in determining the appropriate action to be taken but
will not serve to make the protestants parties to the proceeding. Any
person wishing to become a party to a proceeding or to participate as a
party in any hearing therein must file a motion to intervene in
accordance with the Commission's Rules.
Take further notice that, pursuant to the authority contained in
and subject to the jurisdiction conferred upon the Federal Energy
Regulatory Commission by Sections 7 and 15 of the Natural Gas Act and
the Commission's Rules of Practice and Procedure, a hearing will be
held without further notice before the Commission or its designee on
this application if no motion to intervene is filed within the time
required herein, if the Commission on its own review of the matter
finds that a grant of the
[[Page 63309]]
certificate is required by the public convenience and necessity. If a
motion for leave to intervene is timely filed, or if the Commission on
its own motion believes that a formal hearing is required, further
notice of such hearing will be duly given.
Under the procedure herein provided, for unless otherwise advised,
it will be unnecessary for Colorado City to appear or be represented at
the hearing.
David P. Boergers,
Secretary.
[FR Doc. 98-30171 Filed 11-10-98; 8:45 am]
BILLING CODE 6717-01-M
