[Federal Register Volume 61, Number 80 (Wednesday, April 24, 1996)]
[Notices]
[Page 18132]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10029]
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DEPARTMENT OF ENERGY
[Docket No. CP96-270-000]
Mid Continent Market Center, Inc., Complainant v. Panhandle
Eastern Pipe Line Company, Respondent; Notice of Complaint
April 18, 1996.
Take notice that on March 21, 1996, Mid Continent Market Center,
Inc. (Mid Continent), P.O. Box 889, 818 Kansas Avenue, Topeka, Kansas
66601, filed a complaint in Docket No. CP96-270-000, pursuant to
Section 385.206 of the Commission's Rules of Practice and Procedure.
Mid Continent charges Panhandle Eastern Pipe Line Company (Panhandle)
with undue discrimination and anticompetitive behavior for its failure
to timely agree to modify a delivery point and provide natural gas
transportation service. The details of Mid Continent's allegations are
more fully set forth in the complaint which is on file with the
Commission and open to public inspection.
Mid Continent is a wholly owned subsidiary of Western Resources,
Inc., a combination electric and gas utility with operations in Kansas
and Oklahoma. Western Resources, Inc. was authorized by the Kansas
Corporation Commission to transfer certain transmission, storage and
gathering facilities to Mid Continent in June 1995. Mid Continent is
interconnected with four interstate and four intrastate pipelines and
provides firm and interruptible natural gas transportation service as
well as short-term storage and balancing services. In Docket No. CP95-
684-000, the Commission granted Mid Continent a Hinshaw exemption and a
Part 284 Blanket Certificate to transport, sell, and assign gas in
interstate commerce (72 FERC para. 62,274 (1995)).
Mid Continent alleges that Panhandle has exercised undue
discrimination and anticompetitive behavior by delaying and/or refusing
to modify interconnect facilities with a pipeline that Mid Continent
has contracted to purchase from KN Interstate Gas Transmission Company.
The proposed interconnects would be in the vicinity of Panhandle's
Haven, Kansas compressor station in Reno County, Kansas. The
interconnects would allow Mid Continent to deliver up to 100,000 MMBtu
per day into Panhandle's market area on an interruptible basis. Mid
Continent also says that gas delivered to Panhandle could move via
released capacity or under firm contracts held on Panhandle by Mid
Continent's customers.
Mid Continent asks the Commission to order Panhandle to cease its
discriminatory and anticompetitive behavior and allow modification of
the interconnects, at Mid Continent's expense. According to Mid
Continent, Panhandle has built interconnections for other similarly
situated interruptible shippers, Kansas Pipeline Partnership (KPP) and
National Steel Corporation, but has rejected other like requests. One
such rejected request, made jointly by Missouri Gas Energy (MGE) and
KPP, is the subject of the pending complaint by MGE in Docket No. CP95-
755-000.
Mid Continent urges the Commission to stop Panhandle from
preferentially providing new interruptible interconnects to certain
shippers while denying interconnects to competing systems such as Mid
Continent. Mid Continent says that Panhandle is restraining competition
and keeping its customers captive by denying those customers access to
competitive options.
Mid Continent says that Panhandle's tariff requires only that a
party seeking service reimburse Panhandle or cause Panhandle to be
reimbursed for the costs associated with construction or modification
of the receipt and delivery facilities to be used. Mid Continent says
that it is committed to reimburse Panhandle for such costs.
Mid Continent also alleges Panhandle's actions violate the pro-
competitive policies underlying antitrust laws, which the Commission is
bound to apply. Mid Continent says that it needs expeditious action by
the Commission so that it can construct its own related facilities in
time for an opportunity to compete with Panhandle for service to
Panhandle's customers as their current firm contracts expire this year.
Absent relief, Mid Continent seeks a full evidentiary hearing on an
expedited basis.
Any person desiring to be heard or to make protest with reference
to this complaint should on or before May 3, 1996, file with the
Federal Energy Regulatory Commission, Washington, DC 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). 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. Answers to the complaint shall be due on or before
May 3, 1996.
Lois D. Cashell,
Secretary.
[FR Doc. 96-10029 Filed 4-23-96; 8:45 am]
BILLING CODE 6717-01-M
