y' \ TABLES OF. Commission presented by this filing. Staff shall report the (E) National Fuel shall file to track any (F) National Fuel continues to be under an obligation to track changes in the costs billed by upstream suppliers. In addition, to the extent that an upstream pipeline's authority to pass through take-or-pay costs is stayed by Order No. 528, National Fuel is not authorized to bill costs to its customers which have not been billed to it. (G) The motions to intervene out-of-time filed by the Peoples Natural Gas Company and Algonquin Gas Transmission Company are granted subject to the rules and regulations of the Commission; provided, however, that participation of these intervenors shall be limited to the matters affecting rights and interests set forth in their motions to intervene; and provided further, that the admission of these intervenors shall not be construed as recognition that they might be aggrieved by any order entered in this proceeding. Appendix A Tariff Sheets to FERC Gas Tariff, Second Item A - Tariff Sheets Accepted First Revised Sheet No. 111 First Revised Sheet No. 112 Appendix B Interventions in Docket No. RP91-47-000 The Brooklyn Union Gas Company National Fuel Gas Distribution Corporation * The Public Service Commission of the State of The Peoples Natural Gas Company ** * Includes protest ** Late Intervenor [¶ 61,013] Streamlining Commission Procedures for Review of Staff Action, Docket No. RM90-11-001; Potomac Electric Power Company, Docket No. ER91-107-001 Order Granting Motion, Granting Rehearing for Purpose of Further Consideration, and Dismissing Request for Rehearing (Issued January 11, 1991) Before Commissioners: Martin L. Allday, Chairman; Charles A. Trabandt, In Docket No. ER91-107-001, Potomac Elec- 1 Order No. 530, FERC Statutes and Regulations ¶ 30,906 (Dec. 3, 1990), 55 Fed. Reg. 50,677 (Dec. 10, RM90-11-001, a request for rehearing of the PEPCO's concern is that the pleading it filed on December 13 is misstyled as an appeal of staff action instead of as a request for rehearing. The Final Rule eliminated appeals of staff action, effective December 3, 1990, the date of issuance of the rule. PEPCO's motion seeks to restyle its December 13 pleading to conform it to the rule. PEPCO's request for rehearing in Docket No. RM90-11-001 seeks to delay the effective date of the Final Rule beyond the date on which PEPCO filed the misstyled pleading. PEPCO indicates in that request for rehearing that grant of the motion to restyle its pleading will render the request for rehearing moot. In the past, when parties have on occasion misstyled appeals of staff action as requests for rehearing, or have misstyled requests for rehearing as appeals of staff action, we have routinely treated the pleading as if it had been correctly styled. Any other result would exalt form over substance. Consistent with that policy and practice, we will treat PEPCO's December 13 pleading as a request for rehearing, as if it had been so styled in its title. We will automatically accord comparable treatment to any other comparably misstyled pleadings we may receive; it is not necessary to file a motion for such relief. Accordingly, PEPCO's request for rehearing in Docket No. RM90-11-001 is rendered moot and will be dismissed. Finally, we will grant rehearing in Docket No. ER91-107-001 for the limited purpose of further consideration. The Commission orders: (A) PEPCO's motion in Docket No. ER91-107-001, to restyle its December 13, 1990 pleading as a request for rehearing, is granted. (B) Comparably misstyled pleadings (if any) filed in other dockets will be treated as if they had been correctly styled as requests for rehearing. (C) PEPCO's request for rehearing in Docket No. RM90-11-001 is dismissed as moot. (D) PEPCO's request for rehearing in Docket No. ER91-107-001 is granted for the limited purpose of further consideration. [¶ 61,014] Highland Hydro Construction, Inc., Project No. 8357-010 Notice Dismissing Appeal Lois D. Cashell, Secretary. (Issued January 10, 1991) On November 22, 1989, a bill for annual charges for the use of government lands was mailed to Highland Hydro Construction, Inc. (Highland) for the Bailey/Ponderosa Project No. 8357, located on Bailey Creek, a tributary of Battle Creek, in Shasta County, California. On January 8, 1990, Highland filed an appeal of these annual charges, stating that it was paying the charge under protest and that the design of the transmission line revised construction of the line to be off government land. The license authorized Highland to construct the transmission line across 3.3 acres of lands managed by the Bureau of Land Management. Pursuant to article 42 of the license, Highland filed on May 14, 1990, and supplemented on July 6, 1990, revised exhibits describing the project as built and indicating that the project features within the project's boundary are not located on government land. Accordingly, on September 25, 1990, the Director, Division of Project Compliance and Administration, issued an order removing article 38(b) from the Project No. 8357 license.1 A refund reflecting the reduced land use charge was mailed to Highland on November 23, 1990. Therefore, Highland's appeal filed on January 8, 1990, is moot, and is hereby dismissed. [¶ 61,015] Northern Natural Gas Company, Division of Enron Corporation, Docket No. CP91-598-000 Order Granting Request for Waiver 1 52 FERC¶ 62,275 (1990). (Issued January 14, 1991) Before Commissioners: Martin L. Allday, Chairman; Charles A. Trabandt On December 6, 1990, Northern Natural Gas Northern submits that its Northern States Power Company requires the construction of a meter station under section 311 in order to avoid gas pressure difficulties which could result in loss of gas service to its customers served by its distribution system near the proposed meter station. Northern's petition describes the faci be constructed and the environmental tion procedures to be used, as required tion 284.11(b). Accordingly, we have re Northern's petition and determined tha cause exists to grant the request for waiv The Commission orders: The notification requirement in s 284.11(b) of the regulations is waived to Į Northern to commence the construction facilities described in the petition. [¶ 61,016] United Gas Pipe Line Company, Docket No. CP91-629-000 Order Granting Request for Waiver (Issued January 14, 1991) Before Commissioners: Martin L. Allday, Chairman; Charles A. Trabandt, On December 10, 1990, United Gas Pipe United submits that the immediate replacement of 375 feet of 8-inch pipe is necessary due to the deteriorating condition of the pipeline located in Rusk County, Texas. According to United, erosion along the banks of a creek that the pipeline crosses has placed it in a hazardous position furthering the need for immediate replacement. United seeks to relocate the pipeline in a new right-of-way with permanent steel sheet pilings to ensure safety and help main 1 Section 2.55(b), 18 C.F.R. §2.55(b) (1990), was amended, effective August 2, 1990, to adopt the notification requirement for replacement of existing facilities. See Interim Revisions to Regulations Governing Construction of Facilities pursuant to section 311 and Replacement Facilities, Order No. 525, FERC Statutes and Regulations 30,895 (1990), reh'g denied, Order No. 525-A, 53 FERC 61,140 (October 31, 1990). tain the stability of the soil at the creek pipeline crossing. United estimates that cost of replacement will be $119,500. United's petition describes the facilities to replaced and the environmental mitigat procedures to be used, as required by sect 2.55(b). Accordingly, we have review United's petition and determined that go cause exists to grant the request for waiver. The Commission orders: The notification requirement in sectic 2.55(b) of the regulations is waived to perm United to commence the replacement of th facilities described in the petition. 1 Section 2.55(b), 18 C.F.R. §2.55(b) (1990), wa amended, effective August 2, 1990, to adopt the not fication requirement for replacement of existing faci ities. See Interim Revisions to Regulations Governin Construction of Facilities pursuant to Section 311 and Replacement Facilities, Order No. 525, FERC Stat utes and Regulations 30,895 (1990), reh'g denied Order No. 525-A, 53 FERC 61,140 (October 31 1990). [¶ 61,017] Texas Eastern Transmission Corporation, Docket No. RP91-48-000 Letter Order (Issued January 9, 1991) By Direction of the Commission: Lois D. Cashell, Secretary. Reference: Seventh Revised Sheet No. 307, Fourth Revised Sheet No. 308, Second Revised Sheet No. 308A, and Fifth Revised Sheet No. 331 to Texas Eastern's Fifth Revised Volume No. 1 of its FERC Gas Tariff. This letter is to advise you that the abovereferenced tariff sheets have been accepted for filing to be effective January 10, 1991. Texas Eastern Transmission Corporation (Texas Eastern) filed the tariff sheets December 7, 1990, in order to add tariff provisions to set forth the procedures by which shippers and potential shippers may access Texas Eastern's electronic customer interface system, LINKTM The LINKTM system will allow, at shipper's option, any shipper or potential shipper to request transportation service, and execute and amend Transportation Agreements pursuant to Texas Eastern's Rate Schedules FT-1 and IT-1. The new provision provides that utilization of the LINKTM system will satisfy existing provisions in these Rate Schedules which require written submission of such information. Notices of intervention and unopposed timely filed motions to intervene are granted, pursuant to operation of Rule 214 of the Commission's Rule of Practice and Procedure (18 C.F.R. § 285.214). Any opposed or untimely filed motion to intervene is governed by the provision of Rule 214. Columbia Gas Transmission Corporation (Columbia) has, as part of its motion to intervene moved for modification of Texas Eastern's proposal. The suggested modification would require Texas Eastern to return to the shipper service agreements fully executed by both parties. Columbia has provided no support for its motion and it is therefore denied. We note also that the tariff language we are accepting herein provides an alternative, at shipper's option, to the paper document procedures required by Texas Eastern's tariff. This acceptance for filing shall not be construed as a waiver of the requirements of section 7 of the Natural Gas Act, as amended; nor shall it be construed as constituting approval of the referenced filing or of any rate, charge, classification, or any rule, regulation or practice affecting such rate or service contained in your tariff; nor shall such acceptance be deemed as recognition of any claimed contractual right or obligation associated therewith; and such acceptance is without prejudice to any findings or orders which have been or may hereafter be made by the Commission in any proceeding now pending or hereafter instituted by or against your company. [¶ 61,018] Trunkline Gas Company, Docket No. RP91-50-000 Letter Order (Issued January 10, 1991) By Direction of the Commission: Linwood A. Watson, Jr., Acting Secretary. The tariff sheets referenced on the Enclosure are accepted, effective on the dates shown on the Enclosure. Trunkline Gas Company (Trunkline) submitted the instant filing in order to amend its Rate Schedules TE-10, T-95, and T-101 to reflect Tarpon Transmission Company's (Tarpon) currently effective revised transportation rates filed in compliance with the Commission's order issued April 18, 1990, in Tarpon's Docket No. RP84-82-004, (51 FERC 61,042 (1990)) as accepted by the Commission's letter order dated May 17, 1990, and order dated May 31, 1990, in Tarpon's Docket Nos. RP90-102-000 and 001 (51 FERC 61,270 and ¶ 61,255 (1990)), and in accordance with section 154 of the Commission's regulations. In addition, the revised tariff sheets reflect: (1) rates accepted in Docket Nos. RP88-180-000 and 006, effective December 1, 1988 and July 1, 1989; (2) revised rates for Trunkline's Annual Charge Adjustment (ACA) effective October 1, 1989, in Docket No. TM90-2-30-000; (3) rates accepted in Docket No. RP89-160-000, effective November 1, 1989, subject to refund; and (4) revised rates for Trunkline's ACA effective October 1 and November 1, 1990, in Docket Nos. TM91-1-30-000, RP90-175-000, and TM91-1-30-001. This acceptance does not remove or alter the refund or other conditions imposed by previous Commission orders in the above-mentioned dockets. A motion to intervene and protest was filed by Natural Gas Pipeline Company of America (Natural). Natural protested the instant filing and requested the Commission institute procedures to determine whether the requested increases by Trunkline would constitute unlawful retroactive ratemaking. Each of the transportation agreements between Trunkline and its shippers explicitly states that Trunkline has the right to amend its Exhibit A or B whatever the case may be, "by filing unilaterally with the Commission and to make effective changes to rates, charges, adjustments, tariffs, rate schedules or conditions of service. . . . The rates and charges may be subject to: (a) Increase or decrease consistent with the treatment applied in general rate proceedings involving sales for resale in interstate commerce; and (b) Increase or decrease pursuant to any change in rates paid to any other system through which the gas may be transported." (Emphasis added.) Consistent with the Commission's action in Tarpon, 51 FERC ¶ 61,042 (1990), Docket No. RP84-82-004, the Commission finds it appropriate for Trunkline to make this rate adjustment. Trunkline's filing is in response to the Commission's order on remand in Tarpon's Docket No. RP84-82-004. Natural's protest is hereby denied. Notices of intervention and unopposed timely filed motions to intervene are granted pursuant to the operation of Rule 214 of the Commission's Rules of Practice and Procedure (18 C.F.R. section 385.214). Any opposed or untimely filed motion to intervene is governed by the provisions of Rule 214. This acceptance for filing shall not be construed as a waiver of the requirements of section 7 of the Natural Gas Act, as amended, nor shall it be construed as constituting approval of the referenced filing or of any rate, charge, classification, or any rule, regulation, or practice affecting such rate or service contained in your tariff; nor shall such acceptance be deemed as recognition of any claimed contractual right or obligation associated therewith; and such acceptance is without prejudice to any findings or orders which have been or may hereafter be made by the Commission in any proceeding now pending or hereafter instituted by or against your company. Enclosure FERC Gas Tariff, Original Volume No. 2 Effective December 1, 1988 2nd Revised Third Sub Sixth Revised Sheet No. 3385 2nd Revised Fourth Sub Third Revised Sheet No. 4048 1st Revised Third Sub Third Revised Sheet No. 4241 Effective July 1, 1989 3rd/Third Sub Sixth Revised Sheet No. 3385 3rd Revised Fourth Sub Third Revised Sheet No. 4048 2nd Revised Third Sub Third Revised Sheet No. 4241 Effective October 1, 1989 1st Revised Ninth Revised Sheet No. 3385 1st Revised Sixth Revised Sheet No. 4048 1st Revised Sixth Revised Sheet No. 4241 Effective November 1, 1989 1st Revised Second Sub Eighth Revised Sheet No. 3385 1st Revised Second Sub Fifth Revised Sheet No. 4048 1st Revised Second Sub Fifth Revised Sheet No. 4241 Effective October 1, 1990 1st Revised Tenth Revised Sheet No. 3385 [¶ 61,019] Algonquin Gas Transmission Company, Docket Nos. TQ91-3-20-000, -001, and TM91-3-20-001 Letter Order (Issued January 11, 1991) By Direction of the Commission: Linwood A. Watson, Jr., Acting Secretary. |