[Federal Register Volume 64, Number 113 (Monday, June 14, 1999)]
[Notices]
[Pages 31848-31849]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-14985]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. RP99-330-000]
United Gas Services v. K N Interstate Gas Transmission Co. and K
N Energy, Inc; Complaint
June 8, 1999.
Take notice that on June 4, 1999, pursuant to Rule 206 of the
Commission's Rules of Practice and Procedure, 18 CFR 385.206, Consumer
Services Association, Inc. d/b/a United Gas Services (United) tendered
for filing a complaint against K N Interstate Gas Transmission Co.
(KNI) and K N Energy Inc. (KNE).
United States that on December 16, 1998, KNI declared a
``unauthorized overrun period.'' The period extended from December 18,
1998 through December 27, 1998. A second unauthorized overrun period
was declared for January 2-5, 1999.
United asserts that at about the time NKI declared the December
unauthorized overrun period, Mr. Will Meehl of KNE contacted United
about an anticipated temperature-induced
[[Page 31849]]
increase in demand for ``Type I Customers'' under KNE's Supplier Choice
Program in Nebraska. KNE requested United to increase to ``75% of peak
load'' United's nominated volumes to delivery points on the KNI system
connection to local distribution facilities of KNE. United indicates
that it promptly complied with this request, and Mr. Meehl subsequently
advised United that KNE was ``satisfied'' with United's response and
with the level of United's nominations.
United asserts that in January 1999, in the ordinary billing cycle,
United received from KNI an invoice for December 1998 transportation
service. Subsequently, United asserts that it received an invoice in
February 1999 KNI for $199,182.00 in unauthorized overrun penalties
plus additional authorized overrun penalties and out-of-path penalty
charges for allegedly overdelivering volumes during the designated
unauthorized overrun periods in December 1998 and January 1999. United
asserts these charges were unjust and unreasonable, since they were
based on after-the-fact allocations made by the point operator, KNE,
which is a KNI affiliate, and were pursuant to an allocation agreement
that United had no notice of. United also assert that the doctrine of
estoppel should bar these penalties in any event, since assurance and
been given that United's nominations during the overrun period were
satisfactory.
Any person desiring to be heard or to protest said complaint should
file a motion to intervene or protest with the Federal Energy
Regulatory Commission, 888 First Street, NE, Washington, DC 20426, in
accordance with Rules 214 and 211 of the Commission's Rules of Practice
and Procedure 18 CFR 385.214 and 385.211, All such motions or protests
should be filed on or before June 24, 1999. Protests will be considered
by the Commission to 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 filing are on file with the Commission and are available
for public inspection. This filing may be viewed on the web at http://
www.ferc.fed.us/online/rims.htm (call 202-208-2222 for assistance).
Answers to this compliant shall be due on or before June 24, 1999.
Linwood A. Watson Jr.,
Acting Secretary.
[FR Doc. 99-14985 Filed 6-11-99; 8:45 am]
BILLING CODE 6717-01-M
