[Federal Register Volume 63, Number 228 (Friday, November 27, 1998)] [Notices] [Pages 65581-65582] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 98-31594] ----------------------------------------------------------------------- DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RP99-152-000] Trailblazer Pipeline Company; Notice of Petition for Waiver November 20, 1998. Take notice that on November 18, 1998, Trailblazer Pipeline Company (Trailblazer) filed, pursuant to Rule 207 of the Commission's Rule of Practice and Procedure, to seek a limited waiver of the capacity release policies and regulations of the Federal Energy Regulatory Commission (Commission), codified at 18 CFR 284.243. Specifically, Trailblazer requests waiver of said regulations to allow replacement shippers, taking release of firm capacity from Trailblazer's Rate Schedule T shippers, to exercise the right of first refusal in the original contracts, under specified circumstances. [[Page 65582]] In support of its petition, Trailblazer states that it is a project-financed pipeline, the construction of which was authorized in Opinion No. 138.\1\ Because of the constraints of the project financing loan agreement, Trailblazer is subject to limitations in dealing with the shippers that ``backstopped'' the system by entering into firm long-term contracts for firm capacity. Absent the consent of the lenders, the original Rate Schedule T shippers cannot be supplanted by new shippers and this limitation extends to the acquisition of firm capacity through permanent capacity releases. --------------------------------------------------------------------------- \1\ 18 FERC para. 61,244, rehearing denied, 19 FERC para. 61,116 (1982). --------------------------------------------------------------------------- Trailblazer states that the Rate Schedule T shippers on Trailblazer have now entered into what are in effect permanent capacity releases (releases at the maximum rate for the remaining term of the T Agreement) covering all of the firm capacity that remains dedicated under the Rate Schedule T Agreements. A summary of these releases is set out at Appendix A to the petition. Trailblazer states the Commission has already granted a waiver to allow the release of capacity held by shippers under Rate Schedule T. Trailblazer now requests a further waiver of Commission Regulations and policies, so that the replacement shippers taking what are in effect permanent releases of Rate Schedule T capacity would be able to exercise the right of first refusal set out at Section 21.2 of the General Terms and Conditions in Trailblazer's Tariff with respect to the firm capacity covered by the Rate Schedule T release agreement. The waiver would be limited to situations where the shipper is paying the applicable maximum rate for the remaining term of the underlying (released) Rate Schedule T contract pursuant to a long-term release Agreement (one year or longer). Any person desiring to be heard or to protest said filing should file a motion to intervene or a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with Sections 385.214 or 385.211 of the Commission's Rules and Regulations. All such motions or protests must be filed on or before November 30, 1998. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceedings. Any person wishing to become a party must file a motion to intervene. Copies of this filing are on file with the Commission and are available for public inspection in the Public Reference Room. Linwood A. Watson, Jr., Acting Secretary. [FR Doc. 98-31594 Filed 11-25-98; 8:45 am] BILLING CODE 6717-01-M