[Federal Register Volume 60, Number 36 (Thursday, February 23, 1995)]
[Notices]
[Page 10075]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4355]
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DEPARTMENT OF ENERGY
[Docket No. RP95-163-000]
CNG Transmission Corporation Complainant v. Tennessee Gas
Pipeline Company Respondent; Notice of Complaint
February 16, 1995.
Take notice that on February 13, 1995, CNG Transmission Corporation
(CNG) filed a complaint against Tennessee Gas Pipeline Company
(Tennessee).
CNG states that by letter dated and faxed October 5, 1994,
Tennessee notified CNG that effective for gas flow at 7:00 a.m. CST, on
October 6, 1994, that Tennessee would no longer accept nominations on
CNG's Service Package #3919 for delivery to non-CNG delivery points
(i.e., secondary delivery points) in Tennessee's Zone 4 and/or 5,
unless CNG agreed in writing to pay Tennessee's maximum applicable
rates for secondary point deliveries into Tennessee's Zone 4 and/or
Zone 5.
CNG states that in CNG's Order No. 636 restructuring proceeding,
parties, including Tennessee, entered into a settlement agreement,
filed March 31, 1993, and accepted by the Commission by orders issued
July 16, September 17, and December 16, 1993, in Docket No. RS92-14-
000, et al. As part of the Restructuring Settlement, CNG agreed to
assign to its firm customers the portion of CNG's pre-existed capacity
on Tennessee from the production area to a pooling point located in
Tennessee's Zone 3; CNG retained control of the firm capacity on
Tennessee from that same pooling point in Zone 3 downstream to
Tennessee's Zones 4 and 5. The Restructuring settlement expressly
provided that CNG retained the downstream portion of its pre-existing
capacity on Tennessee to enable CNG to facilitate dispatching and no-
notice deliveries to CNG's customers.
CNG states that in a meeting held in Washington, D.C., on November
7, 1994, CNG and Tennessee requested the Commission's Enforcement Task
Force to provide an informal opinion regarding the immediate dispute.
The Enforcement Task Force affirms CNG's position that the language of
the Restructuring settlement gives CNG a contractual guarantee of the
incremental rate for service to all of CNG delivery points (both
primary and secondary) in Zones 4 and 5. As the explicit language of
the settlement states, the incremental reservation charge is
established as the maximum reservation charge for all service from Zone
3 to Zone 4 or Zone 5, whether CNG uses primary or secondary delivery
points.
CNG states that Tennessee has rejected the informal opinion of the
Enforcement Task Force, and subsequent efforts by CNG and Tennessee to
negotiate a settlement of the dispute have failed.
Comments by Tennessee on the complaint, as well as motions to
intervene or protests should be filed with the Federal Energy
Regulatory Commission, 825 North Capitol Street, N.E., Washington, D.C.
20426, on or before February 27, 1995. CNG or any other party that
wants to file reply comments must file those reply comments on or
before March 6, 1995. 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
complaint are on file with the Commission and are available for public
inspection.
Lois D. Cashell,
Secretary.
[FR Doc. 95-4355 Filed 2-22-95; 8:45 am]
BILLING CODE 6717-01-M
