20120514-0001 FERC PDF (Unofficial) 05/11/2012
PUBLIC VERSION PROTECTED MATERIALS HAVE BEEN REDACTED
UNITED STATES OF AMERICA
BEFORE THE
FEDERAL ENERGY REGULATION COMMISSION
PBF Holding Company LLC and
Toledo Refining Company LLC,
Complainants
Docket No. OR12-~l
Enbridge Energy, Limited Partnership,
Respondent
COMPLAINT OF PBF HOLDING COMPANY LLC
AND TOLEDO REFINING COMPANY LLC
Jeffrey Dill Marcus W. Sisk, Jr.
Senior Vice President, General Counsel Frederick G. Jauss IV
PBF Holding Company LLC Dorsey k Whitney LLP
One Sylvan Way 1801 K Street, N. W. , Suite 750
2nd floor Washington, D. C. 20006
Parsippany, NJ 07054-3887 202-442-3000
973 455-7500 sisk. marcus@dorsey. corn
jdill@pb fenergy. corn jauss. fred@dorsey. corn
Attorneys for PBF Holding Company LLC
and Toledo Refining Company LLC
May 11, 2012
20120514-0001 FERC PDF (Unofficial) 05/11/2012
PUBLIC VERSION PROTECTED MATERIALS HAVE BEEN REDACTED
UNITED STATES OF AMERICA
BEFORE THE
FEDERAL ENERGY REGULATION COMMISSION
PBF Holding Company LLC and
Toledo Refining Company LLC,
Complainants
Docket No. OR12-
Enbridge Energy, Limited Partnership,
Respondent
COMPLAINT OF PBF HOLDING COMPANY LLC
AND TOLEDO REFINING COMPANY LLC
1. Pursuant to sections 1(6), 3(1), 13(1), 15(1), and 16(1) of the Interstate
Commerce Act ("ICA"), 49 U. S.C. App. tj( 1(6), 3(1), 9, 13(l), 15(l), and 16(1), Rule
206 of the Commission's Rules of Practice and Procedure, 18 C.F.R. tj 385.206, and
section 343. 1(a) of the Commission's Procedural Rules Applicable to Oil Pipeline
Proceedings, 18 C.F.R. tj 343. 1(a), PBF Holding Company LLC and its subsidiary
Toledo Refining Company LLC (collectively "PBF")hereby submit this Complaint
against Enbridge Energy, Limited Partnership ("Enbridge Energy" ). This Complaint
demonstrates that the procedures and practices of Enbridge Energy in apportioning
capacity on its "Mainline" crude oil pipeline system constitute an unjust and
unreasonable classification and practice and result in an undue and unjust preference for
shippers and users of heavy crude oil and undue and unjust discrimination against
20120514-0001 FERC PDF (Unofficial) 05/11/2012
PUBLIC VERSION PROTECTED MATERIALS HAVE BEEN REDACTED
Standing
4. PBF has standing to bring this Complaint. Under the ICA and the
Commission's Procedural Rules, any person may bring a complaint seeking relief from
an alleged legal violation over which the Commission may have jurisdiction. ICA
tj 13(1);Rule 206(a). Because this Complaint does not involve a protest against a
proposed oil pipeline tariff, no verified statement of substantial economic interest is
required under 18 C.F.R. I'1 343.2(b). Nevertheless, the attached Affidavit of Mr. Robert
E. Foti shows that PBF has a substantial economic interest in the apportionment rules and
practices of Enbridge which are ...
For complete details, download the full document: Download