[Federal Register Volume 62, Number 100 (Friday, May 23, 1997)]
[Notices]
[Pages 28457-28458]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-13562]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. CP97-509-000]
Barnes Transportation Company, Inc.; Notice of Application To
Abandon Certificate and Petition for Declaratory Order
May 19, 1997.
Take notice that on May 5, 1997, Barnes Transportation Company,
Inc. (Barnes), 14701 Saint Mary's Lane, Houston, Texas 77079, filed an
application in Docket No. CP97-509-000, requesting: (1) permission and
approval, pursuant to Section 7(b) of the Natural Gas Act, to abandon
the certificate issued to Barnes on September 27, 1957, in Docket No.
G-7348; \1\ and (2) a declaratory order that the primary function of
Barnes and its facilities is gathering, and that Barnes' facilities and
services are non-jurisdictional, pursuant to Section 1(b) of the
Natural Gas Act, all as more fully set forth in the application, which
is on file with the Commission and open to public inspection.
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\1\ Barnes' application is styled as an application to abandon
certificated facilities and services. However, the text of the
application makes it clear that Barnes is not seeking permission and
approval to abandon the facilities owned and operated by Barnes, or
the services that Barnes renders through those facilities. Rather,
Barnes is requesting the abandonment of the certificate itself
(i.e., that the Commission rescind its 1957 certificate), in
addition to the order that Barnes requests, declaring that the
primary function of Barnes and its facilities is gathering, and that
those facilities and services are non-jurisdictional.
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Barnes states that it owns and operates a 113-mile network of
small-diameter (2 to 6-inches), low-pressure (15 to 150 psi) pipelines
located entirely within the State of Kentucky. Barnes adds that this
network moves gas from 357 wells belonging to Ashland, Inc. (successor-
in-interest to United Carbon Company) to 88 delivery points along a
mainline pipeline belonging to Columbia Gas Transmission Corporation
(successor-in-interest to United Fuel Gas Company). Barnes further
states that the Commission found, in its 1957 certificate order, that
Barnes is a natural gas company, engaged in the interstate
transportation of natural gas. Barnes explains that, the Commission
issued a certificate to Barnes based upon the finding that, although
individual well lines were engaged in the gathering of gas to a central
point, all of the facilities lying downstream from the point of final
commingling to the point of delivery into United Fuel Gas Company's
pipeline had to be certificated.
Barnes contends that the Commission's 1957 holdings do not comport
with the Commission's current policy with respect to the distinction
between gathering and transportation. Therefore, Barnes requests that
the Commission grant Barnes permission and approval to abandon the
certificated facilities and services (i.e., to abandon/rescind the 1957
certificate), and that the Commission issue an order declaring that the
primary function of Barnes and its facilities is gathering, and that
Barnes' facilities and services are non-jurisdictional.
Any person desiring to be heard or to make any protest with
reference to said application should on or before June 9, 1997, 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 party 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
[[Page 28458]]
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, or if the Commission on its own review of the matter
finds that permission and approval for the proposed abandonment are
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 Barnes to appear or be represented at the
hearing.
Lois D. Cashell,
Secretary.
[FR Doc. 97-13562 Filed 5-22-97; 8:45 am]
BILLING CODE 6717-01-M
