94-22709. New England Power Company v. Algonquin Gas Transmission Company; Complaint

[Federal Register Volume 59, Number 177 (Wednesday, September 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22709]


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[Federal Register: September 14, 1994]


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DEPARTMENT OF ENERGY
[Docket No. RP94-389-000]

 

New England Power Company v. Algonquin Gas Transmission Company; 
Complaint

September 8, 1994.
    Take notice that on August 31, 1994, New England Power Company 
(NEP) filed a complaint pursuant to 18 CFR 385.206 of the Commission's 
Rules of Practice and Procedure. NEP claims that it negotiated a firm 
transportation contract with Algonquin Gas Transmission Company 
(Algonquin) for firm transportation under Algonquin's X-38 Rate 
Schedule. NEP asserts that this contract includes an hourly take 
provision that allows it to match the rate at which it takes gas from 
Algonquin's system to the load profile of its gas-burning electric 
generators. According to NEP, Rate Schedule X-38 allows NEP to take gas 
at an uneven rate throughout the day, as long as it does not take more 
than 3926 MMBtu (1/24 of NEP's maximum daily delivery obligation) in 
any one hour. NEP asserts that the X-38 Rate Schedule would let NEP put 
gas into Algonquin's system at a substantially constant hourly rate of, 
for example, 2500 MMBtu over 24 hours, and allow NEP to take gas from 
the system over only 16 hours at a higher rate of 3750 MMBtu per hour, 
because this hourly delivery rate is below the 3926 MMBtu/hour delivery 
cap. NEP contends that the parties to the contract negotiations 
recognized the importance of this hourly flexibility, and agreed to it.
    NEP asserts that Algonquin has informed it that the ``hourly 
flexibility'' NEP describes is not a feature of NEP's current X-38 
service. Accordingly, NEP filed the instant complaint and requests that 
the Commission declare that Algonquin must provide the hourly 
flexibility that NEP asserts the parties negotiated in Rate Schedule X-
38, make NEP whole for the provision it bargained for, and order a 
hearing as necessary to resolve any material issues of fact.
    Any person desiring to be heard or to protest said complaint should 
file a motion to intervene or a protest with the Federal Energy 
Regulatory Commission, 825 North Capitol Street, NE., Washington, DC 
20426, in accordance with Rules 214 and 211 of the Commission's Rules 
of Practice and Procedure. All such motions or protests should be filed 
on or before October 11, 1994. Protests will be considered by the 
Commission 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 must file a motion to intervene. Copies of 
this filing are on file at the Commission and are available for public 
inspection. Answers to this complaint shall be due on or before October 
11, 1994.
Lois D. Cashell,
Secretary.
[FR Doc. 94-22709 Filed 9-13-94; 8:45 am]
BILLING CODE 6717-01-M