Motion to intervene out-of-time & request for rehearing of FERC's 02/28/03 Order of the Interstate Natural Gas Association of America re North Baja Pipeline, LLC under RP02-363.

Jnofflclal FERC-Generated PDF of 20030404-0216 Received by FERC OSEC 03/31/2003 in D o c k e t # : R P 0 2 - 3 6 3 - 0 0 5 TES OF AMERICA /f,~ _ ..'<'.O BEFORE THE ~"~ ~r "' ~/ .. r~,,~ FEDERAL ENERGY REGULATORY COMMISSION <"% ' ea .,/. / North Baja Pipeline, LLC Docket No. R P 0 2 - 3 6 3 ~ O OS,f/O4s MOTION TO INTERVENE OUT-OF-TIME AND REQUEST FOR REHEARING OF THE INTERSTATE NATURAL GAS ASSOCIATION OF AMERICA Pursuant to Rules 212, 214 and 713 of the Federal Energy Regulatory Commission's (the "Commission"), 18 C.F.R. 385.212, 385.214 and 385.713, the Interstate Natural Gas Association of America ("INGAA") hereby moves to intervene out-of-time in the above-captioned proceeding and requests rehearing of the Commission's February 28, 2003 "Order Granting Rehearing and Modifying Prior Order" ("February 28 Order"). In support hereof, INGAA states as follows: I. MOTION TO INTERVENE OUT-OF-TIME A. Description Of INGAA INGAA is a trade organization that advocates regulatory and legislative positions of importance to the natural gas pipeline industry in North America. INGAA represents virtually all of the interstate natural gas transmission pipeline companies operating in the United States, as well as comparable companies in Canada and Mexico. Its members transport over 95 percent of the nation's natural gas through a network of 180,000 miles of pipelines. One of INGAA's missions is to aid regulators and lawmakers in evaluating policy changes and regulatory structures. Jnofflclal FERC-Generated PDF of 20030404-0216 Received by FERC OSEC 03/31/2003 in D o c k e t # : R P 0 2 - 3 6 3 - 0 0 5 B. Communications All communications, correspondence, pleadings and other documents concerning this docket should be addressed as follows: "Joan Dreskin Interstate Natural Gas Association of America 10 G. St., N.E., Suite 700 Washington, D.C. 20002-4248 phone: (202) 216-5928 fax: (202) 216-0874 jdreskin@ingaa.org C. Background On May 18, 2002, the Commission issued a Preliminary Determination, finding that the proposal of North Baja Pipeline, LLC ("NBP") to construct and operate a 79.8-mile pipeline through Arizona and California to the border of Mexico was consistent with the public convenience and necessity, l On June 6, 2002, pursuant to NGA section 4, and in compliance with its certificate authorization, NBP submitted actual tariff sheets replacing the pro forma tariff sheets originally filed with NBP's request for NGA section 7(c) certificate authorization. The Commission accepted NBP's filing on August 9, 2002. 2 NBP requested rehearing of this order on grounds unrelated to ereditworthiness requirements for firm or interroptible transportation service. On rehearing, the Commission granted NBP's request for rehearing, but also made an additional finding on its own initiative ...