[Federal Register Volume 59, Number 44 (Monday, March 7, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-5095]
[[Page Unknown]]
[Federal Register: March 7, 1994]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
18 CFR Part 271
[Docket No. RM91-8-004]
Order Qualifying Certain Tight Formation Gas for Tax Credits
Issued March 1, 1994.
AGENCY: Federal Energy Regulatory Commission.
ACTION: Final rule; order denying extension request.
-----------------------------------------------------------------------
SUMMARY: The Federal Energy Regulatory Commission is issuing an order
denying the request to extend the April 30, 1994 deadline for
jurisdictional agencies to submit their Natural Gas Policy Act well
determinations to the Commission.
EFFECTIVE DATE: This final rule is effective March 1, 1994.
FOR FURTHER INFORMATION CONTACT: Jacob Silverman, Office of the General
Counsel, Federal Energy Regulatory Commission, 825 North Capitol
Street, NE., Washington, DC 20426, (202) 208-2078.
SUPPLEMENTARY INFORMATION: In addition to publishing the full text of
this document in the Federal Register, the Commission also provides all
interested persons an opportunity to inspect or copy the contents of
this document during normal business hours in room 3104, 941 North
Capitol Street, NE., Washington, DC 20426.
The Commission Issuance Posting System (CIPS), an electronic
bulletin board service, provides access to the text of formal documents
issued by the Commission. CIPS is available at no charge to the user
and may be accessed using a personal computer with a modem by dialing
(202) 208-1379. To access CIPS, set your communications software to use
300, 1200, or 2400 bps, full duplex, no parity, 8 data bits, and 1 stop
bit. CIPS can also be accessed at 9600 bps by dialing (202) 208-1781.
The full text of this rule will be available on CIPS for 30 days from
the date of issuance. The complete text on diskette in Wordperfect
format may also be purchased from the Commission's copy contractor, La
Dorn Systems Corporation, located in room 3104, 941 North Capitol
Street, NE., Washington, DC 20426.
Order Denying Extension Request
Issued March 1, 1994.
Before Commissioners: Elizabeth Anne Moler, Chair; Vicky A.
Bailey, James J. Hoecker, William L. Massey, and Donald F. Santa,
Jr.
In Order No. 5391 the Commission initially established a June
30, 1993 deadline for jurisdictional agencies to submit well category
determinations to the Commission in light of the repeal of title I of
the Natural Gas Policy Act of 1978 (NGPA) effective January 1, 1993.
The Commission believed that this would provide sufficient time for an
orderly end to the determination program. However, in response to
requests by jurisdictional agencies for extensions of the deadline, the
Commission extended that deadline on three different occasions in order
to allow jurisdictional agencies additional time to process and submit
their determinations to the Commission. First the Commission extended
the deadline until September 30, 1993, for all jurisdictional
agencies;2 then until April 30, 1994, for certain specified
jurisdictional agencies;3 and later until April 30, 1994, for all
jurisdictional agencies.4
---------------------------------------------------------------------------
\1\Qualifying Certain Tight Formation Gas for Tax Credits, FERC
Statutes & Regulations, 30,940 (1992); 57 FR 13009 (April 15,
1992).
\2\Order No. 539-A, FERC Statutes & Regulations 30,947 (1992);
57 FR 31123 (July 14, 1992).
\3\Order No. 539-B, FERC Statutes & Regulations 30,968 (April
15, 1993); 58 FR 19607 (April 15, 1993).
\4\Order No. 539-C, FERC Statutes & Regulations 30,973 (1993);
58 FR 38528 (July 19, 1993).
---------------------------------------------------------------------------
On January 25, 1994, a number of offices of the Bureau of Land
Management, United States Department of the Interior (BLM) in two
states5 requested the Commission to further extend the April 30,
1994 deadline6 until August 31, 1994. In support of the request,
BLM stated that their pending workload was extremely heavy and the
extension was necessary to ensure that all applications were properly
reviewed. BLM claimed that this situation had developed because of a
number of factors, such as the extreme weather and road conditions
which caused delays in well completions and pipeline gathering systems;
the increased number of applications after the issuance of Order No.
539-C; and the difficulties that producers have had in completing their
wells to provide the necessary paperwork to BLM. BLM also asserts that
there is the likelihood that there will be numerous preliminary
negative determinations and appeals by applicants protesting those
determinations which BLM will have to review before BLM can issue the
final determinations.
---------------------------------------------------------------------------
\5\The New Mexico State offices in Santa Fe and Albuquerque, and
the Wyoming State offices in Cheyenne, Rawlins, and Rock Springs.
\6\Since the April 30, 1994 deadline falls on a Saturday, the
deadline is May 2, 1994.
---------------------------------------------------------------------------
In Order No. 539-B, issued on April 15, 1993, the Commission stated
that it was desirable to conclude the determination process as soon as
possible and, accordingly, the Commission stated that it ``will not
grant any extension beyond April 30, 1994.''7 The April 30, 1994
deadline allowed jurisdictional agencies 16 months after the repeal of
title I of the NGPA to process applications and submit the
determinations to the Commission. Moreover, since April 15, 1993,
agencies have been on notice that there would be no further extensions
of the April 30, 1994 deadline. The Commission believes that it has
allowed jurisdictional agencies sufficient time to complete the
processing of applications while at the same time ending the
determination program within a reasonable time after the repeal date of
January 1, 1993. Accordingly, the Commission denies BLM's request.
---------------------------------------------------------------------------
\7\FERC Statutes & Regulations 30,968 at 30,834.
---------------------------------------------------------------------------
The Commission Orders
The request of BLM for extension of the April 30, 1994 deadline for
jurisdictional agencies to submit well category determinations to the
Commission is denied.
By the Commission.
Linwood A. Watson, Jr.,
Acting Secretary.
[FR Doc. 94-5095 Filed 3-4-94; 8:45 am]
BILLING CODE 6717-01-P
