Applications, hearings, determinations, etc.: National Fuel Gas Supply Corp.,

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Federal Register: January 6, 1998 (Volume 63, Number 3)NoticesPage 476-477From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr06ja98-45

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Docket No. CP98-142-000National Fuel Gas Supply Corporation; Notice of Application

December 30, 1997.

Take notice that on December 17, 1997, National Fuel Gas Supply Corporation (National Fuel), 10 Lafayette Square, Buffalo, New York 14203, filedin Docket No. CP98-142-000 an application pursuant to Sections 7(b) and 7(c) of the Natural Gas Act for a certificate of public convenience and necessity authorizing the replacement of a portion of an existing pipeline and permission and approval to abandon certain facilities, all as more fully set forth in the application which is on file with the Commission and open to public inspection.

National Fuel proposes to replace and relocate 2,735 feet of its existing 20-inch Line K in the Town of Orchard Park, Erie County, New York, with 3,210 feet of 20-inch pipeline located in a new right-of- way. In its application, National Fuel states that leak history and development that has encroached upon the pipeline right-of-way necessitates the relocation and replacement of Line K. National Fuel states that the peak

[Page 477]capacity of Line K is approximately 45,000 Mcf per day. National Fuel estimates the cost of the project to be $784,800. In connection with this replacement project, National Fuel proposes to abandon approximately 2,735 feet of the existing pipeline. National Fuel explains that 1,529 feet of pipe will be removed with an additional 1,206 feet of pipe being abandoned in place. National Fuel states that removal of these facilities will not affect service to existing markets. National Fuel estimates the cost of abandoning the line to be $10,000. National Fuel states that the facilities will be financed with internally-generated funds and/or interim short-term bank loans.

Any person desiring to participate in the hearing process or to make any protest with reference to said application should on or before January 20, 1998, file with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a motion to intervene or a protest in accordance with the requirements of the Commission's Rules of Practice and Procedure (18 CFR 385.214 or 385.211) and the Regulations under the Natural Gas Act (18 CFR 157.10). All protests filedwith the Commission will be considered by it in determining the appropriate action to be taken but will not serve to make the protestants parties to the proceeding. The Commission's rules require that protestors provide copies of their protests to the party or parties directly involved. Any person wishing to become a party to a proceeding or to participate as a party in any hearing therein must file a motion to intervene in accordance with the Commission's Rules.

A person obtaining intervenor status will be placed on the service list maintained by the Secretary of the Commission and will receive copies of all documents filedby the applicant and by every one of the intervenors. An intervenor can file for rehearing of any Commission order and can petition for court review of any such order. However, an intervenor must submit copies of comments or any other filing it makes with the Commission to every other intervenor in the proceeding, as well as 14 copies with the Commission.

A person does not have to intervene, however, in order to have comments considered. A person, instead, may submit two copies of comments to the Secretary of the Commission. Commenters will be placed on the Commission's environmental mailing list, will receive copies of environmental documents and will be able to participate in meetings associated with the Commission's environmental review process. Commenters will not be required to serve copies of fileddocuments on all other parties. However, commenters will not receive copies of all documents filedby other parties or issued by the Commission and will not have the right to seek rehearing or appeal the Commission's final order to a federal court.

The Commission will consider all comments and concerns equally, whether filedby commenters or those requesting intervenor status.

Take further notice that, pursuant to the authority contained in and subject to the jurisdiction conferred upon the Federal Energy Regulatory Commission by Sections 7 and 15 of the Natural Gas Act and the Commission's Rules of Practice and Procedure, a hearing will be held without further notice before the Commission or its designee on this application if no motion to intervene is filedwithin the time required herein, if the Commission on its own review of the matter finds that a grant of the certificate is required by the public convenience and necessity. If a motion for leave to intervene is timely filed, or if the Commission on its own motion believes that a formal hearing is required, further notice of such hearing will be duly given.

Under the procedure herein provided for, unless otherwise advised, it will be unnecessary for National Fuel to appear or be represented at the hearing. Lois D. Cashell, Secretary.

FR Doc. 98-165Filed1-5-98; 8:45 amBILLING CODE 6717-01-M

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