Barnes Transportation Company, Inc.; Notice of Application To Abandon Certificate and Petition for Declaratory Order

[Federal Register Volume 62, Number 100 (Friday, May 23, 1997)]
[Notices]
[Pages 28457-28458]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-13562]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. CP97-509-000]


Barnes Transportation Company, Inc.; Notice of Application To 
Abandon Certificate and Petition for Declaratory Order

May 19, 1997.
    Take notice that on May 5, 1997, Barnes Transportation Company, 
Inc. (Barnes), 14701 Saint Mary's Lane, Houston, Texas 77079, filed an 
application in Docket No. CP97-509-000, requesting: (1) permission and 
approval, pursuant to Section 7(b) of the Natural Gas Act, to abandon 
the certificate issued to Barnes on September 27, 1957, in Docket No. 
G-7348; \1\ and (2) a declaratory order that the primary function of 
Barnes and its facilities is gathering, and that Barnes' facilities and 
services are non-jurisdictional, pursuant to Section 1(b) of the 
Natural Gas Act, all as more fully set forth in the application, which 
is on file with the Commission and open to public inspection.
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    \1\ Barnes' application is styled as an application to abandon 
certificated facilities and services. However, the text of the 
application makes it clear that Barnes is not seeking permission and 
approval to abandon the facilities owned and operated by Barnes, or 
the services that Barnes renders through those facilities. Rather, 
Barnes is requesting the abandonment of the certificate itself 
(i.e., that the Commission rescind its 1957 certificate), in 
addition to the order that Barnes requests, declaring that the 
primary function of Barnes and its facilities is gathering, and that 
those facilities and services are non-jurisdictional.
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    Barnes states that it owns and operates a 113-mile network of 
small-diameter (2 to 6-inches), low-pressure (15 to 150 psi) pipelines 
located entirely within the State of Kentucky. Barnes adds that this 
network moves gas from 357 wells belonging to Ashland, Inc. (successor-
in-interest to United Carbon Company) to 88 delivery points along a 
mainline pipeline belonging to Columbia Gas Transmission Corporation 
(successor-in-interest to United Fuel Gas Company). Barnes further 
states that the Commission found, in its 1957 certificate order, that 
Barnes is a natural gas company, engaged in the interstate 
transportation of natural gas. Barnes explains that, the Commission 
issued a certificate to Barnes based upon the finding that, although 
individual well lines were engaged in the gathering of gas to a central 
point, all of the facilities lying downstream from the point of final 
commingling to the point of delivery into United Fuel Gas Company's 
pipeline had to be certificated.
    Barnes contends that the Commission's 1957 holdings do not comport 
with the Commission's current policy with respect to the distinction 
between gathering and transportation. Therefore, Barnes requests that 
the Commission grant Barnes permission and approval to abandon the 
certificated facilities and services (i.e., to abandon/rescind the 1957 
certificate), and that the Commission issue an order declaring that the 
primary function of Barnes and its facilities is gathering, and that 
Barnes' facilities and services are non-jurisdictional.
    Any person desiring to be heard or to make any protest with 
reference to said application should on or before June 9, 1997, file 
with the Federal Energy Regulatory Commission, 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 385.214 or 
385.211) and the Regulations under the Natural Gas Act (18 CFR 157.10). 
All protests filed with the Commission will be considered by it in 
determining the appropriate action to be taken but will not serve to 
make the protestants party to the proceeding. Any person wishing to 
become a party to a proceeding or to participate as a party in any 
hearing therein must file a

[[Page 28458]]

motion to intervene in accordance with the Commission's Rules.
    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 filed within the time 
required herein, or if the Commission on its own review of the matter 
finds that permission and approval for the proposed abandonment 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 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 Barnes to appear or be represented at the 
hearing.
Lois D. Cashell,
Secretary.
[FR Doc. 97-13562 Filed 5-22-97; 8:45 am]
BILLING CODE 6717-01-M