[Federal Register Volume 63, Number 228 (Friday, November 27, 1998)]
[Notices]
[Pages 65581-65582]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-31594]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. RP99-152-000]
Trailblazer Pipeline Company; Notice of Petition for Waiver
November 20, 1998.
Take notice that on November 18, 1998, Trailblazer Pipeline Company
(Trailblazer) filed, pursuant to Rule 207 of the Commission's Rule of
Practice and Procedure, to seek a limited waiver of the capacity
release policies and regulations of the Federal Energy Regulatory
Commission (Commission), codified at 18 CFR 284.243. Specifically,
Trailblazer requests waiver of said regulations to allow replacement
shippers, taking release of firm capacity from Trailblazer's Rate
Schedule T shippers, to exercise the right of first refusal in the
original contracts, under specified circumstances.
[[Page 65582]]
In support of its petition, Trailblazer states that it is a
project-financed pipeline, the construction of which was authorized in
Opinion No. 138.\1\ Because of the constraints of the project financing
loan agreement, Trailblazer is subject to limitations in dealing with
the shippers that ``backstopped'' the system by entering into firm
long-term contracts for firm capacity. Absent the consent of the
lenders, the original Rate Schedule T shippers cannot be supplanted by
new shippers and this limitation extends to the acquisition of firm
capacity through permanent capacity releases.
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\1\ 18 FERC para. 61,244, rehearing denied, 19 FERC para. 61,116
(1982).
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Trailblazer states that the Rate Schedule T shippers on Trailblazer
have now entered into what are in effect permanent capacity releases
(releases at the maximum rate for the remaining term of the T
Agreement) covering all of the firm capacity that remains dedicated
under the Rate Schedule T Agreements. A summary of these releases is
set out at Appendix A to the petition.
Trailblazer states the Commission has already granted a waiver to
allow the release of capacity held by shippers under Rate Schedule T.
Trailblazer now requests a further waiver of Commission Regulations and
policies, so that the replacement shippers taking what are in effect
permanent releases of Rate Schedule T capacity would be able to
exercise the right of first refusal set out at Section 21.2 of the
General Terms and Conditions in Trailblazer's Tariff with respect to
the firm capacity covered by the Rate Schedule T release agreement. The
waiver would be limited to situations where the shipper is paying the
applicable maximum rate for the remaining term of the underlying
(released) Rate Schedule T contract pursuant to a long-term release
Agreement (one year or longer).
Any person desiring to be heard or to protest said filing should
file a motion to intervene or a protest with the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in
accordance with Sections 385.214 or 385.211 of the Commission's Rules
and Regulations. All such motions or protests must be filed on or
before November 30, 1998. 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 proceedings. 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.
Linwood A. Watson, Jr.,
Acting Secretary.
[FR Doc. 98-31594 Filed 11-25-98; 8:45 am]
BILLING CODE 6717-01-M
