On September 11, 1978, Northern Natural Gas Company (Applicant)' filed in Docket No. CP78-514 an application pursuant to Section 7 of the Natural Gas Act, as implemented by paragraphs (c) and (e) of Section 157.7 of the Regulations thereunder (18 CFR 157.7(c) and (e)), for a certificate of public convenience and necessity authorizing the construction, during the calendar year 1979, and operation of facilities to make miscellaneous rearrangements on its system and for permission and approval to abandon, during the calendar year 1979, direct sale service and facilities no longer required for deliveries of natural gas to Applicant's customers, all as more fully set forth in the application.

The purpose of this budget-type authorization is to augment Applicant's ability to act with reasonable dispatch in making miscellaneous rearrangements, which would not result in any material

change in the service presently rendered by Applicant, and abandoning service and removing direct sale measuring, regulating, and related facilities.

Applicant will not abandon any service under the authorization granted under Section 157.7(e) unless it has received a written request or written permission from the direct sale customer to terminate service. In the event that such requests or permission cannot be obtained, an appropriate statement certifying that the customer has no further need for service shall be filed with the Commission. Further, the deliveries to any one of these direct sales customers through the sales measuring facilities shall not have exceeded 100,000 Mcf of gas annually during the last year of service.

The total cost of construction of the gas sales or transportation facilities for miscellaneous arrangements shall not exceed $300,000, which cost will be financed by Applicant from funds on hand. [¶162,047

Since the facilities proposed to be constructed or abandoned will be or are used in the transportation of natural gas in interstate commerce subject to the jurisdiction of the Commission, said construction and abandonment are subject to the requirements of Subsections (c) and (e) and Subsection (b), respectively, of Section 7 of the Natural Gas Act.

After due notice by publication in the Federal Register on October 2, 1978 (43 F.R. 45438), no petitions to intervene, notices of intervention, or protests to the granting of the application have been filed.

At a hearing held on January 31, 1979, there was received and made a part of the record in this proceeding all evidence, including the application and exhibits thereto, submitted in support of the authorization sought herein, and upon consideration of the record,

It is found:

(1) Applicant is able and willing properly to do the acts and to perform the service proposed and to conform to the provisions of the Natural Gas Act and the requirements, rules and regulations of the Commission thereunder.

(2) The construction and operation of the proposed facilities by Applicant are required by the public convenience and necessity and a certificate therefor should be issued as hereinafter ordered and conditioned.

(3) The abandonment proposed by Applicant is permitted by the public convenience and necessity and should be approved as hereinafter ordered.

(4) The proposed expenditure is within the limits prescribed by paragraph (c) of Section 157.7 of the Regulations under the Natural Gas Act.

(5) The proposed abandonment of direct sale service and facilities is within the contemplation of Section 157.7(e) of the Regulations under the Natural Gas Act.

Pursuant to the authority delegated by 18 CFR 3.5(f) (43 F.R. 36433), it is ordered:

(A) Upon the terms and conditions of this order, a certificate of public convenience and necessity is issued authorizing Applicant, Northern Natural Gas Company, to construct, during the calendar year 1979, and operate the proposed facilities to be used for miscellaneous rearrangements, all as hereinbefore described and as more fully described in the application.

(B) Upon the terms and conditions of this order, permission for and approval of the abandonment by Applicant of the facilities and service all as

hereinbefore described and as more fully described in the application, are granted.

(C) The certificate issued by paragraph (A) above and the rights granted thereunder are conditioned upon Applicant's compliance with all applicable Commission Regulations under the Natural Gas Act and particularly the general terms and conditions set forth in paragraph (c) of Section 157.7 and in paragraphs (a), (e) and (f) of Section 157.20 of such Regulations.

(D) The permission and approval for the abandonment granted by paragraph (B) above are conditioned upon Applicant's compliance with paragraph (e) of Section 157.7 of the Regulations under the Natural Gas Act and are limited to the calendar year 1979.

(E) The total cost of facilities authorized herein under 157.7(c) of the Commission's Regulations shall not exceed $300,000.

(F) The permission and approval for the abandonments authorized herein under Section 157.7(e) of the Commission's Regulations are limited to abandonments where deliveries to any one direct sale customer through any one of the sales measuring facilities to be abandoned have not exceeded 100,000 Mcf annually during the last year of service; and further, Applicant shall not abandon service unless it has received a written request or written permission from the direct sale customer to terminate service. In the event such request or permission cannot be obtained, a statement certifying that the customer has no further need for the service and that Applicant has made all reasonable efforts to notify the customer of the proposed abandonment must be filed. Abandonment shall not be permitted if the customer objects within 90 days after the issuance of such notice by Applicant of the proposed abandonment and the above described certified statement.

(G) The grant of the certificate herein is conditioned upon Applicant's certifying to the Commission within 60 days after all construction is completed under the instant authorization that it has fully complied with the provisions of Section 2.69 of the Commission's General Policy and Interpretations.

-Footnote

'Applicant, a Delaware corporation having its principal place of business in Omaha, Nebraska, is a “natural-gas company" within the meaning of the Natural Gas Act as heretofore found by order issued April 6, 1943, in Docket No. G-280 (3 FPC 967).

On November 3, 1978, the Oakdale and South San Joaquin Irrigation Districts (Districts) filed an application for approval of a reservoir management plan for Project No. 2067.' The application was supplemented on December 8, 1978, and January 9, 1979. The Project is located on the Stanislaus River in Calaveras and Tuolumne Counties, California. The Districts also filed on November 20, 1978, an application to authorize the use of certain project lands in the development of the Lake Tulloch Shores Subdivision.

Public notice of the applications was given with January 22, 1979 as the last date for the filing of protests or petitions to intervene. No protests or petitions to intervene have been received. The Reservoir Management Plan

The Districts propose to institute a reservoir management plan by which existing and future minor improvements within the project boundary (the 515-foot contour) would be subject to permits to be issued by the Districts. It is proposed that items covered by the permitting program would not require individual approval by the Commission. Included in the application as supplemented was an inventory of structures and land use around the reservoir. The Districts stated that the permits would be limited to the seven types of construction as follows: (1) boat ramps; (2) docks and mooring facilities; (3) basins; (4) retaining walls and other wave action protection between the 510-foot and 515-foot contours; (5) floats; (6) access ramps and stairs; and (7) piering for structures. The Districts stated that the permits would limit construction to areas in the dry above the 485-foot contour line, and would allow no more than 1,000 cubic feet of material to be removed. Furthermore the Districts would issue no permit that would create hazardous conditions, substantially interfere with navigation, adversely affect water quality in the project reservoir, or otherwise interfere with the project.

The proposed reservoir management plan appears to be reasonable and in the public interest, except for "minor construction" item 7-piering for structures. The plan states that the proposed items are minor construction, but, without restrictions, piering for structures could be major construction with major impacts. There is no limitation on the size of the structures. This proposed permit item could allow a large housing development to be erected over the reservoir without further Commission approval. This is not acceptable. Proposals for future private developments that include piers for structures should be filed with the Commission so

that adequate public access at the project can be ensured and so that no hazards to navigation and the environment are created. Therefore, the reservoir management plan is approved, excluding the authority to issue permits for piering for structures. However, any piers for structures that are in place on the date of issuance of this order and are included in the inventory may remain on the reservoir without further Commission approval.2 Any new construction of piers for structures would be subject to prior Commission approval.

Under the reservoir management plan, the Districts are expected to monitor and control the use and occupancy of project lands and waters. It is also expected that the Districts will ensure that all permitted activities are consistent with shoreline aesthetics, maintained in good repair, and comply with state and local health and safety regulations.

Approval of the reservoir management plan would result in short-term adverse impacts associated with the minor construction that would result from the issuance of the permit. The adverse impacts could include minor siltation, disturbance of vegetative cover, and noise and dust from equipment operation. The adverse impacts would be minor and short-term, existing only during the construction period and in the small area covered by each permit. As noted above, construction would only be allowed in the dry. For these reasons, approval of the reservoir management plan would not constitute a major Federal action significantly affecting the quality of the human environment. The Application for the Lake Tulloch Shores Subdi

vision

The Districts have filed an application to authorize Heart Federal Savings and Loan Association (Heart Federal) to develop and sell lands within the Lake Tulloch Shores Subdivision Unit Nos. 1 and 2 (Tract Nos. 237 and 237B, respectively) which are partially located within the boundary of Project No. 2067. The lands within the project boundary below the 510-foot contour are currently used primarily for water storage, and Licensees hold only flowage rights on those project lands located between the 510-foot and 515-foot contours. The development proposed by Heart Federal would include extending certain residential structures below the 515-foot contour.

It appears that approval of this use of project lands, subject to the conditions imposed by this order, would be in the public interest. In approving those portions of the Lake Tulloch Shores Subdivi

[162,0%

sion within the project boundary, the construction of those parts of residential structures within the project boundary will be allowed subject to the following conditions:

(1) All construction work will be done in the dry, that is, at such times when the construction area is free of water.

(2) No more than 1,000 cubic yards of rock or soil or other material shall be removed in connection with any single residential structure. All rock, soil, and material that is removed shall be deposited above the 515-foot contour and outside the project boundary. Proper measures shall be taken to ensure that the removed substances will not drain or cause siltation in project lands or waters.

(3) No construction shall be allowed which creates hazardous conditions, substantially interferes with navigation, adversely affects water quality in the project reservoir, or otherwise interferes with any project purpose.

(4) No effluent, fill, or other materials shall be discharged into the project reservoir.

(5) No construction shall occur below the 485foot contour.

Approval of the development proposed by Heart Federal would require no change in project operation. The proposed development would use approximately 10 percent of the shoreline which at this location is steep and rocky and composed of hillsides frequently lacking vegetative cover. Even though the Districts do not have an approved recreation plan (Exhibit R) for the project, it is doubtful that the lands would be extensively used for public recreation because of the land's physical characteristics. Areas more adaptable for public recreation are available at other locations around the reservoir.

The proposed development when completed would include approximately 600 structures providing permanent and seasonal occupancy. About 120 structures would be at least partially located within the project boundary. Adverse environmental impacts associated with the construction work at the subdivision would include minor siltation, disturbance of vegetative cover, and noise and dust from operations of the construction equipment. All construction will take place in the dry. No effluent from the development would be discharged into the project reservoir. Occupants of the seasonal cottages could have a minor impact on the transportation system between the project and their permanent residences. Both seasonal and permanent residents would be able to enjoy the recreation opportunities offered by the project lands and waters. The increase in use of the project for recreation would not exceed the recreational capacity of the project. The development as planned appears to be aesthetically pleasing.

The adverse environmental impacts associated with construction of the subdivision may be more

substantial and long-term than the minor construction involved in the reservoir management plan discussed above, but nonetheless would be shortterm and minor in nature. Therefore, approval of the development would not constitute a major Federal action significantly affecting the quality of the human environment.

It is ordered:

(A) The reservoir management plan, including minor construction items one through six, filed on November 3, 1978 and supplemented on December 8, 1978, and January 9, 1979, is approved as discussed in this order.

(B) The application filed on November 20, 1978, to authorize the Districts to permit Heart Federal to develop and sell certain lands within the project boundary is approved subject to the following conditions on any construction on lands within the project boundary.

(1) All construction work will be done in the dry, that is, at such times when the construction area is free of water.

(2) No more than 1,000 cubic yards of rock or soil or other material shall be removed in connection with any single residential structure. All rock, soil, and material that is removed shall be deposited above the 515-foot contour and outside the project boundary. Measures shall be taken to ensure that the removed substances will not be subject to runoff into project lands and waters.

(3) No construction shall be allowed which creates hazardous conditions, substantially interferes with navigation, adversely affects water quality in the project reservoir, or otherwise interferes with project purposes.

(4) No effluent, fill, or other materials shall be discharged into the project reservoir.

(5) No construction will occur below the 485foot contour.

(C) This order shall become final 15 days from the date of its issuance unless a petition appealing it to the Commission is filed under Section 1.7(d) of the Commission's Regulations, 18 CFR § 1.7(d) (as amended, August 14, 1978, FERC Statutes Regulations¶ 30,016). Failure of the Licensees to file such a petition shall constitute acceptance of this order.

1

-Footnotes

Authority to act on this matter is delegated to the Director, office of Electric Power Regulation, under Section 3.5(g) of the Commission's Regulations, 18 CFR §3.5(g) (as amended August 14, 1978, FERC Statutes and Regulations 30,016).

2 Staff's inspection indicates that those structures in place are acceptable. However, all of those structures may not be included in the inventory. If there are structures on piers currently in the reservoir which the Districts have not reported, the Districts should revise their inventory and file it with the Commission within 30 days of the date of this order.

No. CP79-134

Texas Gas Transmission Corporation

P.O. Box 1160

3800 Frederica Street

Owensboro, Kentucky 42301

Attention: Steve H. Finch, Assistant General

Counsel

Tennessee Gas Pipeline Company

P.O. Box 2511

Houston, Texas 77001

Attention: Mr. John Moye

Gentlemen:

This is with reference to the request by Texas Gas Transmission Corporation (Texas Gas), filed January 17, 1979, for an extension of time to continue the emergency exchange of natural gas

between Texas Gas and Tennessee Gas Pipeline Company (Tennessee) and to retain in place, all the temporary facilities constructed by Texas Gas pursuant to Section 157.22 of the Regulations, for an additional 30-day period from February 4, 1979.

Because the continued exchange will assure maintenance of adequate natural gas service on the Texas Gas system and it is in the public interest, the Commission hereby grants the request for waiver of the 60-day limitation contained in Section 157.22 of its Regulations under the Natural Gas Act to permit the continuation of this emergency exchange of natural gas and the retention of facilities therefore for an additional 30-day period from February 4, 1979.

By direction of the Commission.

On October 26, 1978, New England Power Company (hereinafter Licensee), Licensee for the Deerfield River Project, FERC No. 2323, filed an application for Commission authorization to grant an easement over project lands to the Yankee Atomic Electric Company (Yankee) for the construction and operation of a septic system.' On November 20, 1978, a supplement was filed by Licensee.

The easement would involve a small 0.87-acre parcel of land and a 880 feet by 15 feet strip of land, both located within the Town of Rowe, Franklin County, Massachusetts, and on lands of the Sherman Development of the Deerfield River Project, located on the Deerfield River. Public notice of the filing of the application was given on December 5, 1978, with December 29, 1978 as the last date for filing protests or petitions to intervene. None was received.

Yankee plans to construct a 7,000-gallon septic tank, a pumping system, two leaching chambers, roads, and appurtenant equipment. Space for two future leaching chambers on the 0.87-acre of project Land is also provided. A sewer line extending from Yankee's gatehouse to the septic tank system would be constructed on the 15-foot-wide strip of land.

Licensee indicated that Yankee would start construction immediately after Commission approval is obtained, and would complete the work in four weeks.

The existing septic system will be isolated from the proposed new system. Yankee will abandon in place, fill, and seal with native fill the existing septic tanks, leaching tanks, and unneeded sewer pipes and manholes.

Yankee has been ordered by the Board of Health of the Town of Rowe to correct the existing inadequate sewage system. Since a municipal sewage system is not available in Rowe, Massachusetts, Yankee obtained a Disposal Works Construction Permit from the State Board of Health to construct a new system. The Massachusetts Department of Environmental Quality Engineering was also consulted, but no permit was required from that agency.

Licensee included in its application a copy of the proposed easement. The instrument states that use of the project lands would not interfere with operation and maintenance of the project's facilities, nor would it endanger health, create a nuisance, or otherwise be incompatible with the recreational use of project lands. Moreover, the right is [162,0