Natural Gas Policy Act: Natural gas curtailment; termination order,
[Federal Register: October 22, 1999 (Volume 64, Number 204)]
[Proposed Rules]
[Page 56982]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22oc99-15]
Proposed Rules Federal Register
This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules.
[[Page 56982]]
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
18 CFR Part 281
[Docket Nos. RM79-15-001, RM89-67-000, RM91-1-000, RM91-13-000]
Termination of Rulemaking Proceedings
Issued October 18, 1999. AGENCY: Federal Energy Regulatory Commission, DOE.
ACTION: Proposed rulemaking: termination.
SUMMARY: The Commission has determined that it will take no further action in Docket Nos. RM79-15-001, RM89-67-000, RM91-1-000 and RM91-13- 000, and therefore, the dockets may be closed.
Before Commissioners: James J. Hoecker, Chairman; Vicky A. Bailey, William L. Massey, Linda Breathitt, and Curt Hebert, Jr.
Proposed Regulations for the Implementation of Section 401 of the Natural Gas Policy Act of 1978
Docket No. RM79-15-001
Hearing and Public Comment on the Proposed Rule of the Department of Energy Relating to Establishing Natural Gas Curtailment Priorities Interstate Pipelines
Docket No. RM89-67-000
Chemical Manufacturers Association
Docket No. RM91-1-000
Illinois Commerce Commission
Docket No. RM91-13-000
Order Terminating Dockets
After reviewing the records in the captioned dockets, the Commission has determined that it will take no further action in these proceedings and therefore that the dockets may be closed.
Docket Nos. RM79-15-001, RM80-67-000 and RM91-1-000
On July 29, 1981, the U.S. Court of Appeals for the DC Circuit issued an order \1\ remanding in part a final rule issued by the Commission in Docket No. RM79-15-000 \2\ pursuant to section 401 of the Natural Gas Policy Act (NGPA). Specifically, the court remanded the Commission's finding that it was bound, for purposes of establishing interstate pipelines' natural gas curtailment priorities,\3\ by the Secretary of Agriculture's decision to certify 100 percent of agricultural users' current requirements as necessary for the maintenance of food and fiber production.
\1\ Process Gas Consumers Group v. U.S. Department of Agriculture, 694 F.2d 728 (1981), modified, 694 F.2d 778 (1982).
\2\ 44 FR 3,725 (1979).
\3\ The Commission's regulations at 18 CFR Part 281 relating to natural gas curtailment priorities were promulgated in 1979. 44 FR 26,862 (May 8, 1979).
On July 17, 1980, in Docket No. RM80-67-000, the Commission issued a notice of proposed rulemaking to review natural gas curtailment priorities for interstate pipelines.
On June 19, 1990, in Docket No. RM91-1-000, Chemical Manufacturers Association (Chemical Manufacturers) fileda petition for review of natural gas pipeline curtailment procedures for the purpose of distinguishing between supply and capacity related curtailments.
Since there is no foreseeable need for curtailment of interstate pipelines' natural gas supply deliveries, the Commission is not reviewing curtailment priorities at this time.\4\ Further, in the unlikely event of the need for pipeline supply curtailment arising in the foreseeable future, the records in these dockets would be stale for such purposes. Accordingly, the Commission is terminating these dockets.
\4\ Data collected by the Energy Information Administration (EIA) and summarized in its June 1999 publication on ``Natural Gas 1998, Issues and Trends'' (EIA report), shows that as the result of the Commission's open access program, almost all natural gas is now purchased directly from producers with pipelines principally providing transportation services for their customers. EIA report at p. 109. Further, the Form 2 data that the Commission requires pipelines to file shows that pipelines' gas sales have steadily decreased to relatively minimal volumes since the Commission initiated its open access program in 1985. (EIA's report is available on the Web at http://www.eia.doe.gov/oil__gas/ natural__gas/analysis__publications/ natural__gas__1998__issues__and__trends/it98.html.)
Docket No. RM91-13-000
On April 30, 1991, in Docket No. RM91-13-000, the Illinois Commerce Commission fileda petition for a rulemaking to address the extent to which local distribution companies (LDCs) should be shielded from the passthrough of interstate pipelines' take-or-pay obligations as a means of providing the LDCs with relief from bypass by interstate pipelines. The Commission's bypass policy has been developed in individual cases, and the issues raised in the petition have been largely resolved. Accordingly, the Commission is terminating rulemaking Docket No. RM-13- 000.
The Commission Orders
The proceedings in Docket Nos. RM79-15-001, RM80-67-000, RM91-1- 000, and RM91-13-000 are terminated.
By the Commission. David P. Boergers, Secretary.
[FR Doc. 99-27607Filed10-21-99; 8:45 am]
BILLING CODE 6717-01-P
