[Federal Register Volume 61, Number 90 (Wednesday, May 8, 1996)]
[Notices]
[Pages 20812-20813]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11424]
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DEPARTMENT OF ENERGY
[Docket No. CP96-358-000]
MidAmerican Energy Company v. Natural Gas Pipeline Company of
America; Notice of Complaint
May 2, 1996.
Take notice that on April 26, 1996, MidAmerican Energy Company
(MidAmerican), P.O. Box 778, Sioux City, Iowa 51102, filed with the
Commission in Docket CP96-358-000 a complaint against Natural Gas
Pipeline Company of America (Natural), 701 East Lombard Street,
Lombard, Illinois 60148-5072. MidAmerican states that its complaint is
based on Natural's violation of Section 4 of the Natural Gas Act (NGA)
and the Commission's orders thereunder in refusing to return
approximately $5,000,000 worth of base (cushion) gas previously
supplied by MidAmerican to support Rate Schedule LS-3 firm storage
service (LS-3), all as more fully set forth in the complaint which is
on file with the Commission and open to public inspection.
MidAmerican states that Natural terminated such LS-3 service for
its own use in order to replace it with new open access storage
service, Delivered Storage Service (DSS), which MidAmerican converted
to and under which Natural is obligated to provide all cushion gas
volumes. MidAmerican asserts that Natural is required to return
MidAmerican's LS-3 cushion gas volumes, and that its failure to do so
violates the NGA, Natural's tariff sheets governing the transition from
LS-3 to DSS service, and the certificate order authorizing LS-3 to DSS
service, and the certificate order authorizing LS-3 service.
MidAmerican asserts that Natural is claiming that it is entitled to
retain a ``non-recoverable'' amount equal to approximately 75% of that
cushion gas total, and MidAmerican maintains that it is entitled to the
return of the entire amount of that cushion gas. MidAmerican alleges
that Natural is thereby misappropriating the cushion gas supplied by
MidAmerican for Natural's own use to support its new DSS service using
the same storage field which supported LS-3 service, and is creating a
discriminatory and anti-competitive economic barrier to its open-access
storage service because MidAmerican in effect bears an entry fee of
$5,000,000 which other DSS customers do not bear.
MidAmerican requests that the Commission issue an order directing
that Natural immediately return all cushion gas previously provided by
MidAmerican to Natural pursuant to Natural's LS-3 storage service, and
that if the Commission does not issue such an order, that the
Commission issue an order requiring Natural to show cause why it is not
in violation of the Natural Gas Act, Commission orders, and the express
terms of its tariff for its failure to return such cushion gas to
MidAmerican.
Any person desiring to be heard or to make a protest with reference
to MidAmerican's complaint should file with the Federal Energy
Regulatory Commission, 888 First Street, N.E., Washington, D.C. 20426,
a motion to intervene or protest in accordance with the Commission's
Rules of Practice and Procedure (18 CFR 385.211 or 385.214). All such
motions, together with the answer of Respondents to the complaint and
motions, should be filed on or before May 23, 1996. Any person desiring
to become a party must file a motion to intervene. Copies of this
filing
[[Page 20813]]
are on file with the Commission and available for public inspection.
Linwood A. Watson, Jr.,
Acting Secretary.
[FR Doc. 96-11424 Filed 5-7-96; 8:45 am]
BILLING CODE 6717-01-M
