[Federal Register Volume 59, Number 201 (Wednesday, October 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-25833]

[[Page Unknown]]

[Federal Register: October 19, 1994]


[Docket No. CP94-693-000]


National Fuel Gas Supply Corporation; Motion to Vacate

October 13, 1994.
    Take notice that on October 6, 1994, National Fuel Gas Supply 
Corporation (National Fuel), 10 Lafayette Square, Buffalo, New York 
14203, filed in Docket No. CP94-693-000 a ``Notice of Withdrawal of 
Pleading'' seeking to withdraw its ``Request for Authorization Under 
the Notice Procedures of Sec. 157.205'' which was filed August 1, 1994, 
in Docket No. CP94-693-000 (prior notice filing). National Fuel states 
that its Notice of Withdrawal is filed in compliance with Condition C 
of the Commission's Order on Rehearing issued in Docket Nos. CP94-112-
001 and CP88-94-009 on September 1, 1994 (68 FERC 61,278).
    National Fuel's prior notice filing involved a request for 
authorization to construct and operate a new point of delivery in the 
town of Grand Island, Erie County, New York to provide service to an 
existing customer, National fuel Gas Distribution Corporation 
(Distribution), under National Fuel's blanket certificate issued in 
Docket No. CP83-4-000. The prior notice filing was noticed August 4, 
1994, and no protests were filed during the notice period which expired 
September 19, 1994.
    In its prior notice filing, National Fuel noted that it had 
previously applied for approval under Section 7(c) of the Natural Gas 
Act for the acquisition and construction of certain facilities, 
including the delivery point described in the prior notice filing. 
National Fuel explained that it had received conditional approval of 
the proposal by order issued June 1, 1994, in Docket Nos. CP94-112-000 
and CP88-94-008 (67 FERC 61,270 (1994)). National Fuel stated that it 
was unable to commence acquisition and construction because it could 
not satisfy all the conditions included in the June 1 order and 
therefore it had filed for rehearing of the June 1 order. National Fuel 
asserted that it urgently needed to commence construction of the Grand 
Island station in order to have the station in operation by November 1.
    National Fuel has now accepted the certificate issued in Docket No. 
CP94-112-000, et al., in the June 1 order, as amended by the 
Commission's September 1, 1994, order on rehearing. However, Paragraph 
(C) of the order on rehearing provided that before National fuel may 
begin construction of the facilities authorized in Docket No. CP94-112-
000, it must withdraw its prior notice request filed in Docket No. 
    The Commission will treat National Fuel's Notice of Withdrawal as a 
motion to vacate the authorization granted pursuant to Secs. 157.205 
and 157.212 in Docket No. CP94-693-000.
    Any person desiring to be heard or to make any protest with 
reference to said motion to vacate should on or before November 3, 
1994, 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 parties 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 motion to intervene in 
accordance with the Commission's Rules. All persons who have hereto 
filed need not file again.
Lois D. Cashell,
[FR Doc. 94-25833 Filed 10-18-94; 8:45 am]