[Federal Register: November 16, 2007 (Volume 72, Number 221)]
[Notices]               
[Page 64596-64597]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16no07-46]                         

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Docket No. CP08-13-000; Docket No. PF07-3-000

 
Floridian Natural Gas Storage Company, LLC; Notice of Application

November 8, 2007.
    Take notice that on October 31, 2007, Floridian Natural Gas Storage 
Company, LLC (FGS), 1000 Louisiana Street, Suite 4361, Houston, Texas 
77002, filed an abbreviated application pursuant to section 7(c) of the 
Natural Gas Act (NGA) and Parts 157 and 284 of the Commission's 
regulations, for a certificate of public convenience and necessity to 
construct and operate the Floridian Natural Gas Storage Project in 
Martin County, Florida; a blanket certificate to perform certain 
routine activities and operations; and a blanket certificate to provide 
open access storage services, all as more fully set forth in the 
application. This filing is available for review at the Commission in 
the Public Reference Room or may be viewed on the Commission's Web site 
at http://www.ferc.gov using the ``eLibrary'' link. Enter the docket 

number excluding the last three digits in the docket number field to 
access the document. For assistance, please contact FERC Online Support 
at FERCOnlineSupport@ferc.gov or toll free at (866) 208-3676, or for 
TTY, contact (202) 502-8659.
    FGS requests authorization to: (1) Construct, operate a natural gas 
storage facility in Martin County, Florida; (2) a blanket certificate 
pursuant to Subpart G of Part 284 that will permit FGS to provide open-
access firm and interruptible natural gas storage services on behalf of 
others in interstate commerce; (3) a blanket certificate pursuant to 
Subpart F Part 157 that will permit FGS to perform certain routine 
activities and operations; (4) authorization to provide the proposed 
storage services at market-based rates; and (5) approval of a pro forma 
FERC Gas Tariff, under which FGS will provide open-access gas storage 
services in interstate commerce.
    FGS states that the project would be located on approximately 145 
acres at the site of the former Florida Steel manufacturing facility, 
about two miles north of Indiantown in Martin County, Florida. FGS 
states that the project would include the initial construction of one 
nominal 190,000 m\3\ liquified natural gas storage tank, liquefaction 
systems, vaporization systems and two parallel pipelines, one to 
receive gas and one to send out gas, both approximately four miles in 
length, that would connect the facility with the regional gas 
infrastructure, via an interconnection with Gulfstream Natural Gas 
System, L.L.C. and the Florida Power and Light Company 20-inch lateral 
that connects to Florida Gas Transmission Company's mainline system.
    FGS proposes to construct the project in two phases. It is stated 
that upon planned commercial operation in late May 2011, Phase I of the 
project would make available liquefied natural gas storage capacity of 
4 Bcf, with a design sendout capacity of 400 MMscf/d and a design 
liquefaction rate of 50 MMscf/d. It is stated that Phase 2 of the 
project would involve the construction of a second, identical storage 
tank and additional liquefaction and vaporization capacity and 
commercial operation is anticipated no later than March 2016, but may 
be advanced to such earlier date as the market may require.
    FGS requests that the Commission waive the requirements of (i) 
section 284.7(d)--the segmentation requirement; (ii) section 284.7(e) 
and 284.10 which impose requirements relating to the design of rates 
that are not applicable to market-based rates; (iii) section 260.2 and 
Part 201 concerning accounting and reporting requirements which are 
appropriate for a cost-of-service rate structure; (iv) partial waiver 
of section 284.12(a)(1)(iv) to the extent it requires compliance with 
the electronic data interchange standards established by NAESB; (v) 
exemption from Order Nos. 587-G and 587-L regarding the netting and 
trading of imbalances; (vi) the requirements of Part 358 concerning 
Standards of Conduct for transmission providers; and (vii) the 
``shipper must have title'' policy for off-system capacity. In 
addition, FGS requests that the Commission waive the requirement to 
file Exhibits K, L, N and O because FGS is seeking authority to charge 
market-based rates, and Exhibit H because FGS's customers are 
responsible for their own gas. Also, FGS requests that the Commission 
waive the requirements of section 157.6(b)(8) and 157.20(c)(3) for 
projected cost-of-service data in advance of a Commission determination 
of appropriate rate treatment and updated cost data after new 
facilities are placed in service; and section 157.6(a)(3)(i) concerning 
the filing of certain exhibits in electronic format.
    Any initial questions regarding FGS's proposal in this application 
should be directed to Joan M. Darby, Dickstein Shapiro LLP, 1825 Eye 
Street, NW., Washington, DC 20006, telephone: (202) 420-2200 or e-mail: 
darby@dicksteinshapiro.com or J. Bradley Williams, Floridian Natural 

Gas Storage Company, LLC, 1000 Louisiana Street, Suite 4361, Houston, 
Texas 77002, telephone: (800) 621-6843.
    On January 10, 2007, the Commission staff granted FGS's request to 
utilize the National Environmental Policy Act (NEPA) Pre-Filing Process 
and assigned Docket No. PF07-3-000 to staff activities involving the 
project. Now, as of the filing of this application on October 31, 2007, 
the NEPA Pre-Filing

[[Page 64597]]

Process for this project has ended. From this time forward, this 
proceeding will be conducted in Docket No. CP08-13-000, as noted in the 
caption of this notice.
    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9, 
within 90 days of this Notice the Commission staff will either: 
complete its environmental assessment (EA) and place it into the 
Commission's public record (eLibrary) for this proceeding; or issue a 
Notice of Schedule for Environmental Review. If a Notice of Schedule 
for Environmental Review is issued, it will indicate, among other 
milestones, the anticipated date for the Commission staff's issuance of 
the final environmental impact statement (FEIS) or EA for this 
proposal. The filing of the EA in the Commission's public record for 
this proceeding or the issuance of a Notice of Schedule for 
Environmental Review will serve to notify federal and state agencies of 
the timing for the completion of all necessary reviews, and the 
subsequent need to complete all federal authorizations within 90 days 
of the date of issuance of the Commission staff's FEIS or EA.
    Any person desiring to intervene or to protest this filing must 
file in accordance with Rules 211 and 214 of the Commission's Rules of 
Practice and Procedure (18 CFR 385.211 and 385.214). 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 
proceeding. Any person wishing to become a party must file a notice of 
intervention or motion to intervene, as appropriate. Such notices, 
motions, or protests must be filed on or before the comment date. 
Anyone filing a motion to intervene or protest must serve a copy of 
that document on the Applicant. On or before the comment date, it is 
not necessary to serve motions to intervene or protests on persons 
other than the Applicant.
    However, a person does not have to intervene in order to have 
comments considered. The second way to participate is by filing with 
the Secretary of the Commission, as soon as possible, an original and 
two copies of comments in support of or in opposition to this project. 
The Commission will consider these comments in determining the 
appropriate action to be taken, but the filing of a comment alone will 
not serve to make the filer a party to the proceeding. The Commission's 
rules require that persons filing comments in opposition to the project 
provide copies of their protests only to the party or parties directly 
involved in the protest.
    Persons who wish to comment only on the environmental review of 
this project should submit an original and two copies of their comments 
to the Secretary of the Commission. Environmental commenters will be 
placed on the Commission's environmental mailing list, will receive 
copies of the environmental documents, and will be notified of meetings 
associated with the Commission's environmental review process. 
Environmental commenters will not be required to serve copies of filed 
documents on all other parties. However, the non-party commenters will 
not receive copies of all documents filed by other parties or issued by 
the Commission (except for the mailing of environmental documents 
issued by the Commission) and will not have the right to seek court 
review of the Commission's final order.
    The Commission encourages electronic submission of protests and 
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit the 

original and 14 copies of the protest or intervention to the Federal 
Energy Regulatory Commission, 888 First Street, NE., Washington, DC 
20426.
    Comment Date: November 29, 2007.

Kimberly D. Bose,
Secretary.
 [FR Doc. E7-22402 Filed 11-15-07; 8:45 am]

BILLING CODE 6717-01-P