Ultramar Inc. v. Gaviota Terminal Company; Notice of Complaint

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DEPARTMENT OF ENERGY
[Docket No. OR96-13-000]


Ultramar Inc. v. Gaviota Terminal Company; Notice of Complaint

May 6, 1996.
    Take notice that on April 30, 1996, Ultramar Inc. (Ultramar) filed 
a complaint pursuant to Sections 9, 13(1), and 15(1) of the Interstate 
Commerce Act (ICA), Section 1803 of the Energy Policy Act of 1992, and 
Rule 206 of the Commission's Rules of Practice and Procedure against Gaviota terminal 
Company (Gaviota).
    Ultramar alleges that Gaviota has (1) collected transportation 
charges before February 1, 1994, without filing a tariff with the 
Commission, (2) that the rates Gaviota collected thereafter were 
unjust, unreasonable, and discriminatory, and (3) that rates Gaviota 
collected since September 1, 1995, were in excess of the applicable 
indexed ceiling rates under Order Nos. 561 and 561-A without an 
adequate showing that such rates are justified by a substantial 
divergence between actual costs and the index ceiling. Ultramar seeks 
the refund of all unlawful charges collected by Gaviota and the 
establishment of lawful rates which are just, reasonable and non-
discriminatory. This includes all funds in excess of variable and 
operating costs for the period for which no tariffs were filed.
    Any person desiring to be heard or to protest the instant complaint 
should file a motion to intervene or protest with the Federal Energy 
Regulatory Commission, 888 First Street, N.E., Washington, D.C. 20426, 
in accordance with Rules 214 and 211 of the Commission's Rules of 
Practice and Procedure. All such motions or protests should be filed on 
or before May 30, 1996. 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 motion to intervene. Copies of this filing 
are on file with the Commission and are available for public 
inspection. Answers to this complaint shall be due on or before May 30, 
1996.
Linwood A. Watson, Jr.,
Acting Secretary.
[FR Doc. 96-11698 Filed 5-9-96; 8:45 am]
BILLING CODE 6717-01-M  

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