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Duke Energy Marketing America, LLC, CenterPoint Energy Gas Transmission Company, and Kern River Gas Transmission Company; Notice of Joint Petition for Expedited Grant of Limited Waivers

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Start Preamble January 25, 2006.

Take notice that on January 20, 2006, Duke Energy Marketing America, LLC (DEMA), CenterPoint Energy Gas Transmission Company (CEGT) and Kern River Gas Transmission Company (Kern River) tendered for filing a Joint Petition for Expedited Grant of Limited Waivers.

DEMA, CEGT and Kern River petition the Commission for a grant of a limited waiver, to the extent required, of (i) the Commission's Order No. 636-A policy regarding the “tying” of non-jurisdictional gas transmission contracts to released transportation capacity, (ii) the Commission's maximum rate cap on released capacity, and (iii) the Commission's policy prohibiting the “permanent” release of a temporary capacity release transaction, and (iv) the applicable capacity release tariff provisions of CEGT and Kern River. The requested waivers will enable the petitioners to effectuate the permanent transfer of one of DEMA's portfolios of Commission-regulated transportation capacity and associated upstream Canadian pipeline capacity DEMA's Prearranged Replacement Shippers or to some other third-party replacement shipper who may prevail in the capacity release bidding process.

DEMA, CEGT and Kern River states that copies of the filing has been served on their jurisdictional customers and upon affected state regulatory commissions.

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 date as indicated below. Anyone filing an intervention or protest must serve a copy of that document on the Applicant. Anyone filing an intervention or protest on or before the intervention or protest date need not serve motions to intervene or protests on persons other than the Applicant.

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 an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426.

This filing is accessible online at http://www.ferc.gov, using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail FERCOnlineSupport@ferc.gov, or call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

Intervention and Protest Date: 5 p.m. Eastern Time February 1, 2006.

Start Signature

Magalie R. Salas,

Secretary.

End Signature End Preamble

[FR Doc. E6-1235 Filed 1-31-06; 8:45 am]

BILLING CODE 6717-01-P