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Freeport-McMoRan Energy LLC; Notice of Application

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Start Preamble March 4, 2004.

Take notice that on February 27, 2004, Freeport-McMoRan Energy LLC (FME), 1615 Poydras Street, New Orleans, Louisiana, 70112, filed in Docket Nos. CP04-68-000 and CP04-69-000 an application, pursuant to section 7(c) of the Natural Gas Act and Part 157, subpart A of the Commission's regulations, for: (1) A certificate of public convenience and necessity to construct, own, and operate a single-use natural gas pipeline facility, the Coden Onshore Pipeline, to transport natural gas from the offshore Main Pass Energy HubTM (MPEHTM) deepwater liquefied natural gas (LNG) port to interconnections with interstate natural gas pipelines near Coden, Mobile County, Alabama; and (2) a blanket certificate of public convenience and necessity in Docket No. CP04-69-000 under Subpart F of Part 157. The application is on file with the Commission and open to public inspection. The filing may also be viewed on the Web at using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, call (866) 208-3767 or TYY, (202) 502-8659.

FME proposes to construct, own, and operate the Coden Onshore Pipeline, a 5.1-mile, 36-inch, single-use pipeline with a capacity of 1.5 billion cubic feet per day (Bcf/D). FME states that the sole purpose of these pipeline facilities would be to transport natural gas owned by FME from FME's proposed MPEHTM offshore deepwater port for the importation and vaporization of LNG, and processing, storage and transportation of natural gas and natural gas liquids, which would be located off the Louisiana coast. FME states that it will operate the MPEHTM as a proprietary deepwater LNG port pursuant to the Deepwater Port Act of 1974. FME also states that it filed an application to construct and operate the offshore portions of the MPEHTM project with the U.S. Coast Guard on February 27, 2004.

FME asserts that, inasmuch as it plans to use the proposed Coden Onshore Pipeline solely to deliver natural gas owned by FME on a proprietary basis, Start Printed Page 11607it requests waiver of the open access requirements of part 284 of the Commission's regulations, including, but not limited to, cost, accounting, and reporting requirements.

Any questions regarding this application should be directed to David Landry, Vice President—General Manager, Main Pass Energy HubTM, Freeport-McMoRan Energy LLC, 1615 Poydras Street, New Orleans, Louisiana 70112, phone (504) 582-4880, or, in the alternative, David Hunter, Jones Walker LLP, 201 St. Charles Avenue, New Orleans, Louisiana 70170, phone (504) 582-8366.

There are two ways to become involved in the Commission's review of this project. First, any person wishing to obtain legal status by becoming a party to the proceedings for this project should, on or before March 25, 2004, file with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a motion to intervene 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 NGA (18 CFR 157.10). A person obtaining party status will be placed on the service list maintained by the Secretary of the Commission and will receive copies of all documents filed by the applicant and by all other parties. A party must submit 14 copies of filings made with the Commission and must mail a copy to the applicant and to every other party in the proceeding. Only parties to the proceeding can ask for court review of Commission orders in the proceeding.

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.

The Commission may issue a preliminary determination on non-environmental issues prior to the completion of its review of the environmental aspects of the project. This preliminary determination typically considers such issues as the need for the project and its economic effect on existing customers of the applicant, on other pipelines in the area, and on landowners and communities. For example, the Commission considers the extent to which the applicant may need to exercise eminent domain to obtain rights-of-way for the proposed project and balances that against the non-environmental benefits to be provided by the project. Therefore, if a person has comments on community and landowner impacts from this proposal, it is important either to file comments or to intervene as early in the process as possible.

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.

Comments, protests and interventions may be filed electronically via the Internet in lieu of paper. See 18 CFR 385.2001(a) (1) (iii) and the instructions on the Commission's Web site under the “e-Filing” link.

Comment Date: March 25, 2004.

Start Signature

Magalie R. Salas,


End Signature End Preamble

[FR Doc. E4-534 Filed 3-10-04; 8:45 am]