Office Director Orders

On August 21, 1978, El Paso Natural Gas Company (El Paso) filed in Docket No. CP77-583 a petition to amend the order of December 14, 1977, 1 FERC 61,242, issuing a certificate of public convenience and necessity pursuant to Section 7(c) of the Natural Gas Act as implemented by Section 157.7(b) of the Regulations thereunder (18 CFR 157.7(b)), so as to authorize an increase in the total expenditure for the construction of gas purchase facilities from $5,000,000 to $7,000,000 for the remainder of the calendar year 1978, all as more fully set forth in the petition to amend.

On December 14, 1977, the Commission granted El Paso a certificate of public convenience and necessity authorizing budget-type construction during the calendar year 1978. Said order limits the aggregate expenditures for all facilities to $5,000,000 with a single project expenditure limitation of $1,250,000.

Due to the success of El Paso's gas acquisition activities, El Paso now projects the aggregate cost for budget-type construction of gas purchase facilities during the balance of calendar year 1978 may exceed the total cost limitation of the authorized $5,000,000. Therefore, in order to continue to expedite and facilitate the attachment of additional supplies of natural gas, El Paso requests in the

instant petition that the Commission amend the December 14, 1977 order so as to increase the aggregate expenditure limitation to $7,000,000. This increase in the aggregate project expenditure limitation would permit an increase also in El Paso's single project expenditure limitation to $1,500,000.

After due notice by publication in the Federal Register on September 11, 1978 (43 F.R. 40294), no petitions to intervene, notices of intervention, or protests to the granting of the petition to amend have been filed.

It is found:

It is necessary and appropriate in carrying out the provisions of the Natural Gas Act and the public convenience and necessity require that the order in Docket No. CP77-583, issued December 14, 1977, be amended as hereinafter ordered.

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

The order issued December 14, 1977, is amended so as to increase the total authorized expenditure to $7,000,000, with a proportionate increase in the single project expenditure limitation, as hereinbefore described and as more fully described in the petition to amend. In all other respects, said order shall remain in full force and effect.

Idaho Power Company (Licensee) filed on August 25, 1978, and supplemented on November 7, 1978, a proposed study plan entitled "American Falls Dam Fish Passage Study Design." The study plan was filed for Commission approval' pursuant to Article 452 of the license for the American Falls Project, FERC No. 2736.' Comments on the study plan were submitted by the U.S. Fish and Wildlife Service (FWS), the Idaho Department of Fish and Game (IF&G), and the Bureau of Reclamation, indicating that the study plan is adequate and acceptable to these agencies. FWS and IF&G

requested, however, that the Commission require Licensee, or its environmental consultants, to formally consult with them at the two planned project review stages outlined in the study plan, and to provide them with copies of the final report.

Although the proposed study period would be significantly shorter than that contemplated by Article 45, it appears the proposed study will still fulfill the purposes of Article 45. Article 45 also requires the Licensee to file annual progress reports during the study period. Under the proposed study

plan, the Licensee would file two interim progress reports. The first report would be filed five months after commencement of the study, with the second report to be filed two and one-half months thereafter. The entire study is to be completed no later than March 1980. The scheme for filing the reports as proposed by the Licensee is an adequate substitute for filing annual progress reports, and also substantially complies with the intent of Article 45.

Environmental Impact

This order does not approve any construction or permanent change in operation or maintenance of the project. Implementation of the study plan will also not adversely affect fish and wildlife resources associated with the project. The study is designed to obtain information useful in determining the effect of the project's operation on the fishery resources and in assessing what modifications in operations or structures, if any, may be necessary to protect these resources. For these reasons, approval of the study plan filed pursuant to license Article 45 does not constitute a major Federal action significantly affecting the quality of the human environment.

On the basis of the agencies' comments and the Commission staff's own review, it is concluded that the plan as supplemented should be approved. It is ordered that:

(A) The "American Falls Dam Fish Passage Study Design" as filed on August 25, 1978, and supplemented November 7, 1978 pursuant to Article 45 of the license for Project No. 2736 is approved.

(B) Licensee shall consult with the U.S. Fish

and Wildlife Service and the Idaho Department of Fish and Game at the two project review stages outlined in the study plan.

(C) Licensee shall file with the Commission, the U.S. Fish and Wildlife Service, and the Idaho Department of Fish and Game:

(1) interim progress reports at the project review stages in accordance with the schedule in the study plan, and

(2) a final report, at the termination of the study. The final report shall include recommendations, if any, for modification of the project's operation or structures for protection of the fishery resources.

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).

'Article 45. The Licensee, within 1 year of the date of issuance of the license and following consultation and cooperation with the U.S. Department of the Interior's Bureau of Reclamation and Fish and Wildlife Service, and the Idaho Department of Fish and Game, shall prepare and submit for Commission approval plans for a comprehensive, 3-year research study devised to determine the mortality rate of fish passed downstream via the turbines. The Licensee shall file annual progress reports with the Commission and at the termination of the study, shall file with the Commission, a final report to include recommendations for any changes in project structures or operations as indicated desirable from the study, or the need for any continuation of the study.

› Order issuing major license (unconstructed) and permitting withdrawal of intervention, Idaho Power Company, FERC No. 2736 (March 31, 1975, 53 FPC 1017).

On November 6, 1978, Texas Eastern Transmission Corporation (Applicant)' filed in Docket No. CP79-53 an application pursuant to Section 7(c) of the Natural Gas Act, as implemented by Section 157.7(b) of the Regulations thereunder (18 CFR 157.7(b)), for a certificate of public convenience and necessity authorizing the construction, during the calendar year 1979, and operation of certain facilities to take natural gas which will be purchased from producers or other similar sellers thereof, all as more fully set forth in the application.

The purpose of this budget-type authorization is to enable Applicant to act with reasonable dispatch in contracting for and connecting to its pipeline system, and to the systems of other natural gas companies authorized to transport for or exchange with Applicant, supplies of natural gas in areas generally coextensive with such systems.

The total cost of said facilities will not exceed $10,000,000 with no single onshore project to exceed $1,500,000, and no single offshore project to exceed $2,500,000. These facilities will be financed by Applicant from funds on hand.

Since the facilities proposed to be constructed will be used in the transportation of natural gas in interstate commerce, subject to the jurisdiction of the Commission, the construction and operation thereof by Applicant are subject to the requirements of Subsections (c) and (e) of Section 7 of the Natural Gas Act.

After due notice by publication in the Federal Register on December 12, 1978 (43 F.R. 57965), no petition to intervene, notice of intervention, or protest to the granting of the application has been filed.

At a hearing held on January 2, 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) The proposed expenditures are within the limits prescribed by Section 157.7(b) of the Regulations under the Natural Gas Act.

(2) 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.

(3) 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.

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 to construct, during the calendar year 1979, the proposed facilities hereinbefore described, as more fully described in the application, and to operate such facilities only to take natural gas supplies from producers or other similar sellers who sell natural gas to the gas purchaser and to permit the delivery of natural gas to implement authorized exchange and/or transportation arrangements with other pipeline companies.

(B) The certificate issued by paragraph (A) 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 (b) of Section 157.7 and in paragraphs (a), (e) and (f) of Section 157.20 of such Regulations.

(C) Applicant shall submit within 60 days after the expiration of the authorization granted by paragraph (A) above a statement in compliance with Section 157.7(b)(3) of the Commission's Regulations under the Natural Gas Act.

(D) The total expenditures for facilities to be constructed under the authorization granted by paragraph (A) above are limited to $10,000,000 with no single onshore project to exceed $1,500,000, and no single offshore project to exceed $2,500,000.

(E) 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.

[162,0051

Public Utility District No. 1 of Douglas County (Licensee) of East Wenatchee, Washington, filed on March 30, 1970, an application,' pursuant to Article 30 of its license, for approval of as-built Exhibits J and K showing the route of the transmission lines of the Wells Project No. 2149.2

The two 230-kV single circuit transmission lines, authorized by the order issuing license (issued July 12, 1962, 28 FPC 128), were completed in 1967. The lines extend from the powerhouse about 40 miles to Licensee's switchyard adjacent to the switchyard of Chelan County Public Utility District's Rocky Reach Project No. 2145.

Licensee filed, on December 30, 1971, revised Exhibit K maps showing the route of the transmission lines with greater clarity. These maps generally conform to the Commission's Regulations and are approved by this order.

The transmission line right-of-way occupies 7.22 acres (0.596 mile of 100-foot wide right-ofway) of United States lands. An annual charge for the use of these lands is established by amending Article 46 of the license.

Approval of the exhibit maps would not be a major Federal action significantly affecting the quality of the human environment because this is purely an administrative action approving the maps which show conditions as they have existed since 1967.

It is ordered that:

(A) The following exhibits are approved and made part of the license for Project No. 2149: Exhibit J, Sheet 2 of 2 (FERC No. 2149–166), Exhibit K, Index Map (FERC No. 2149–167) and Exhibit K, Sheets 1 through 57 (FERC Nos. 2149-225 through -281).

(B) Article 46 of the license is amended to read as follows:

Article 46: The Licensee shall pay the United States the following annual charge, effective September 1, 1967 (the date that power from the project was first sold for profit):

(a) For the purpose of reimbursing the United

States for the cost of administration of Part 1 of the Act, a reasonable annual charge as determined by the Commission in accordance with the provisions of its Regulations, in effect from time to time. The authorized installed capacity for that purpose is 1,032,000 horsepower.

(b) For the purpose of recompensing the United States for the use, occupancy, and enjoyment of 225.50 acres of its lands, exclusive of transmission line rights-of-way, an amount as may be determined from time to time pursuant to the Commission's Regulations;

(c) For the purpose of recompensing the United States for the use, occupancy, and enjoy ́ment of 7.22 acres of its lands for transmission line right-of-way purposes, an amount as may be determined from time to time pursuant to the Commission's Regulations;

(d) For the use of tribal lands embraced within the Colville Indian Reservation, such reasonable charge (which may include electric service) as may hereafter be specified by the Commission, subject to the approval of the Indian tribe having jurisdiction over such lands as provided by law.

(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). Failure of the Licensee to file such a petition shall constitute acceptance of this order.

-Footnotes

'This proceeding was commenced before the Federal Power Commission. By joint regulation of October 1, 1977 (10 CFR 1000.1), it was transferred to the Federal Energy Regulatory Commission. The term "Commission" when used in the context of action taken prior to October 1, 1977, refers to the FPC; when used otherwise, the reference is to the FERC.

2 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).

Yadkin, Inc. (Licensee) filed on July 19, 1978, an application for change in land rights at the Yadkin Project, FERC No. 2197. The Yadkin Project is located on the Yadkin River in Stanly, Montgomery, Davie, Davidson, and Rowan Counties, North Carolina.'

Licensee seeks authorization to grant an easement to Colonial Pipeline Company for the purpose of constructing a 40-inch pipeline across project lands and waters in Davidson and Rowan Counties, North Carolina. The segment of pipeline to cross project lands and waters is part of a pipeline that

would extend from Atlanta, Georgia, to Greensboro, North Carolina, to transport refined liquid petroleum products.

The pipeline would cross the Yadkin River between Davidson and Rowan Counties, approximately 0.4 mile south of the confluence of the Yadkin and South Yadkin Rivers. Construction and maintenance of the pipeline would require an easement 807 feet in length with a 50-foot right-ofway across project lands and waters, adjacent to three existing pipeline crossings. The pipeline design conforms with criteria established by the American National Standards Institute and the Division of Pipeline Safety, U.S. Department of Transportation. The steel pipe would be coated with a coal tar enamel, covered by a continuous 5.8-inch layer of concrete. It would be buried to a depth of at least 5 feet below the riverbed and 3 feet at both shorelines.

The proposed instrument of conveyance contains a provision requiring that the use of project lands and waters would not endanger health, create a nuisance, or otherwise be incompatible with the overall recreational use of the project. Colonial Pipeline Company is also required under the easement to take all necessary precautions to protect and enhance the environmental values of any affected project lands and waters during construction, operation, and maintenance of the pipeline. Specifically, ground cover will be restored by Colonial to minimize erosion on affected land surfaces. Colonial will also undertake all practicable measures to minimize the degradation of water quality resulting from suspended sediments caused by dredging activities and shoreline erosion. A covenant unconditionally reserving to the licensee, its successors or assigns, the right to use the lands for project purposes is also included in the proposed instrument of conveyance.

Colonial Pipeline Company contacted both the North Carolina Wildlife Resources Commission and the North Carolina State Historic Preservation Officer with regard to the proposed crossing of the Yadkin River. In each case, the State agencies found that the proposed action would have no lasting effect on the resources under their jurisdictions. The U.S. Army Corps of Engineers advised Colonial that only that portion of the pipeline crossing the Catawba River would require a Corps permit.

Based upon Staff's analyses it is concluded that approval of this application for use of project land and waters would not constitute a major Federal action significantly affecting the quality of the human environment, because there would be no adverse effects on the operation of the project and any adverse environmental impacts on the project area during construction would be short-term and minor in nature. These temporary impacts would end with the completion of construction activities. Public notice was given, with September 15, 1978, as the last date to file petitions to intervene or protests. None was received.

It is ordered that:

(A) The application filed on July 19, 1978, by Yadkin, Inc., for Commission approval of change in land rights for Yadkin Project, FERC No. 2197, is approved.

(B) Licensee shall file a copy of the instrument of conveyance within 60 days of its execution.

-Footnote

'This order is issued by delegation of authority under Section 3.5(g) of the Commission's Regulations, 18 CFR 3.5(f) (as amended August 14, 1978, FERC Statutes and Regulations ¶30,016).

On October 30, 1978, Colorado Interstate Gas Company (Applicant)' filed in Docket No. CP79-46 an application pursuant to Section 7 of the Natural Gas Act, as implemented by Section 157.7(g) of the Regulations thereunder (18 CFR 157.7(g)), for a certificate of public convenience and necessity authorizing the construction, removal and relocation and for permission for and approval of the abandonment, during the calendar year 1979, and operation of field gas compression and related metering and appurtenant facilities, all as more fully set forth in the application.

The purpose of this budget-type authorization is to enable Applicant to act with reasonable dispatch in the construction and abandonment of facilities which will not result in changing Applicant's system salable capacity from that authorized prior to the filing of the instant application.

The total cost of the proposed construction, relocation, removal, or abandonment of field compression facilities will not exceed $3,000,000 with no single project to exceed a cost of $500,000,