[Federal Register Volume 61, Number 180 (Monday, September 16, 1996)]
[Notices]
[Pages 48673-48674]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23595]
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DEPARTMENT OF ENERGY
[Docket No. OR96-18-000]
Williams Pipe Line Company; Notice of Declaratory Order
September 10, 1996.
Take notice that on August 23, 1996, Williams Pipe Line Company
(WPL), pursuant to Rule 207(a)(2) of the Commission's Rules of Practice
and Procedure, 18 CFR 387.207(a)(2), tendered for filing a request for
declaratory order.
WPL states that the matter concerns odorized propane delivered by
WPL to one of its shippers, Empire Gas Corporation (Empire), which was
trucked by Empire and delivered into a propane storage tank attached to
a mobile home. WPL states that when the propane subsequently leaked
into the mobile home, an explosion occurred, injuring the two
occupants. Following settlement and payment of the claims, WPL sued
Empire for indemnification, pursuant to the provisions of its FERC
tariff. A District Court found that the tariff's indemnification clause
was country to public policy and WPL appealed to the United States
Court of Appeals for the Tenth Circuit. WPL states that invoking the
doctrine of primary jurisdiction, the Tenth Circuit held that the
Commission should, in the first instance, be entitled to rule on the
scope and enforceability of the indemnification clause of WPL's tariff.
WPL further states that the Tenth Circuit determined that FERC's
expertise should be sought on whether the indemnification provision
violated FERC policy per se and, secondly, whether in light of the
parties' stipulation on the absence of negligence on WPL's part, the
Commission would require indemnification on the instant facts,
notwithstanding that the tariff language itself might be found to be
overly broad or otherwise invalid in whole or part. WPL asks that the
[[Page 48674]]
Commission find that WPL's tariff indemnity provision in effect at the
time of the propane delivery in question was valid and enforceable
against Empire.
Any person desiring to be heard or to protest said filing should
file a motion to intervene or protest with the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington DC 20426, in
accordance with Sections 385.214 and 385.211 of the Commission's
Regulations. All such motions or protests must be filed on or before
October 3, 1996. All protests will be considered by the Commission in
determing the appropriate action to be taken in this proceeding, but
will not serve to make protestants a party 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 inspection.
Lois D. Cashell,
Secretary.
[FR Doc. 96-23595 Filed 9-13-96; 8:45 am]
BILLING CODE 6717-01-M
