Applications, hearings, determinations, etc.: Northern Border Pipeline Co.,

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Federal Register: December 30, 1999 (Volume 64, Number 250)NoticesPage 73537-73538From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr30de99-79

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Docket No. CP99-21-002Northern Border Pipeline Company; Notice of Amendment

December 23, 1999.

Take notice that on December 17, 1999, Northern Border Pipeline Company (Northern Border), 1111 South 103rd Street, Omaha, Nebraska 68124-1000, filedin Docket No. CP99-21-002, an amendment to its application in Docket No. CP99-21, for a certificate of public convenience and necessity, pursuant to Section 7(c) of the Natural Gas Act and Part 157 of the Commission's regulations, to construct and operate pipeline and compression facilities, all as more fully set forth in the amendment which is on file with the Commission and open to public inspection. This filing may be viewed on the Internet at http:// www.ferc.fed.us/online/rims.htm (call 202-208-2222 for assistance).

On March 25, 1999, Northern Border filedwith the Commission an amendment to its application in Docket No. CP99-21-001, wherein Northern Border modified the design of the pipeline and compression facilities it proposes. By this amendment, Northern Border now proposes to install approximately 34.4 miles of 30-inch pipeline (rather than 36-inch pipeline, as previously proposed), commencing from Northern Border's 36-inch pipeline near Manhattan, Illinois to a point near North Hayden, Indiana. The proposed pipeline extension will interconnect with Northern Indiana Public Service Company (NIPSCO) at the terminus of the pipeline at which point Northern Border proposes to install a meter station. The pipeline extension between Manhattan and North Hayden will have a design capacity of 544,000 Mcf/d and a maximum operating pressure of 1,050 psig. Due to the potential development of a new airport along the route of the proposed pipeline, Northern Border has been requested and proposes to install a tee and side value on the pipeline extension near the site. Further, the planned cooling modifications at proposed Compressor Station No. 18 have been eliminated. The change in pipeline diameter from a 36-inch to a 30- inch, and the elimination of cooling at Compressor Station No. 18 are the only facility changes from those proposed in the March 25, 1999, amendment.

As now amended, the estimated project cost is $94.4 million, in fourth quarter 1999 dollars. Northern Border says that it does not intend to use its cost projection in the instant application as the basis for an incentive rate proposal. Northern Border filedadditional exhibits which compare the transportation cost for the year 2002 without the proposed facilities to the projected year 2002 cost with the proposed facilities in order to show the impact of rolling-in the proposed facilities on the first calendar year of operation's cost of service. Northern Border's year 2002 projected unit cost of service rate, including fuel, the proposed facility costs, and the related volumes is 4.30 cents per 100 Dekatherm-Miles, which is the same as the unit cost without the proposed facilities and related volumes. Northern Border says that this demonstrates that Project 2000 is financially viable without ``subsidy'' from existing customers.

On September 15, 1999, the Commission issued a Statement of Policy in Docket No. PL99-3-000, ``Certification of new Interstate Natural Gas Pipeline Facilities''. The Policy Statement announced changes to the pricing and rate criteria applicable to new construction projects and, specified that applicants proposing to add new pipeline capacity must satisfy a threshold requirement of ``no financial subsidies''. The Policy Statement also announced that a project will also be evaluated based upon consideration of (i) the interests of the applicant's existing customers; (ii) the interest of competing existing pipelines and their captive customers, and (iii) the interests of landowners and surrounding communities. Where a project results in adverse impacts to any of members of these three stakeholder groups, the project sponsor must show how the specific public benefits resulting from its project outweigh the adverse effects the members of the three stakeholder groups.

Northern Border states that Project 2000, as now amended, meets the Commission's threshold ``no financial subsidies'' requirement of for certification. Further, its says that the public benefits of Project 2000 outweigh any adverse impacts to any members of the three stakeholder groups identified in the Policy Statement, because in its amendment, Northern Border describes in detail how Project 2000 does not have any adverse impact on the three stakeholder groups listed in the Policy Statement. Northern Border therefore requests that the Commission promptly certificate Project 2000, as hereby amended, and that such approvals issue no later than March 15, 2000.

[Page 73538]

Any person desiring to be heard or to make any protest with reference to said application should on or before January 14, 2000, file with the Federal Energy Regulatory Commission, 888 First Street, N.E., Washington, D.C. 20426, a motion to intervene or a protest in accordance with the requirements of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214) 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 in any proceeding herein 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 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 permission and approval for the proposed abandonments and a grant of the certificate are 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 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 Northern Border to appear or to be represented at the hearing. Linwood A. Watson, Jr., Acting Secretary.

FR Doc. 99-33944Filed12-29-99; 8:45 amBILLING CODE 6717-01-M

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