Magellan Pipeline Company, L.P.'s Answer to Frontier Oil and Refining Company's Motion to Permit Interlocutory Appeal or Alternative Request for Reconsideration -- Docket No. OR10-6.

UNITED STATES OF AMERICA BEFORE THE FEDERAL ENERGY REGULATORY COMMISSION Magellan Pipeline Company, L.P. ) Docket No. OR10-6-000 MAGELLAN PIPELINE COMPANY, L.P.S ANSWER TO FRONTIER OIL AND REFINING COMPANYS MOTION TO PERMIT INTERLOCUTORY APPEAL OR ALTERNATIVE REQUEST FOR RECONSIDERATION TO: The Honorable Bobbie J. McCartney Deputy Chief Administrative Law Judge Pursuant to Rules 213 and 715 of the Commissions Rules of Practice and Procedure, 18 C.F.R. 385.213 and 385.715 (2010), Magellan Pipeline Company, L.P. (Magellan) submits this answer to the Motion of Frontier Oil and Refining Company (Frontier) to Permit Interlocutory Appeal of Order Denying Motion to Compel; or, in the Alternative, Request for Reconsideration (Frontier Request). Since the Presiding Judge indicated at the oral argument on Frontiers motion to compel that she would permit Frontier to seek interlocutory appeal,1 the Frontier Request to permit an interlocutory appeal appears to be unnecessary. Further, the Frontier Request for reconsideration of the Presiding Judges January 13, 2010 Order Denying Motion to Compel (January 13 Order) is contrary to relevant precedent and regulations and should be denied as entirely without basis. 1 See Tr. at 76-77 (I would not be adverse to interlocutory consideration by the Commission of this issue .); id. at 77-78 (I do want to ensure that all parties are comfortable with that ruling insofar as the parties may want to seek interlock before the Commission. I would request that they do so in a very timely fashion so that we can get the matter resolved at the Commission level, if the parties choose to do that.). Rule 715(b)(4) of the Commissions Rules of Practice and Procedure permits the Presiding Judge to permit or deny an interlocutory appeal orally. See 18 C.F.R. 715(b)(4). I. BACKGROUND In its Second Set of Data Requests, which Frontier submitted to Magellan on October 8, 2010, Frontier posed the following request: Frontier/Magellan 2-4: Please refer to Magellans January 15, 2010 Application, Statement I, the Prepared Direct Testimony of Stanley P. Rogers, page 7, lines 1-12, Please provide any workpapers or other documents supporting the figures reported on page 700 of Magellans Form 6 for the years 2005 through 2010. Magellan objected to this request on October 22, 2010 (after counsel for Frontier and Magellan had agreed to extend the deadline for objections) on the grounds that the request is overly broad, unduly burdensome and not likely to lead to the discovery of admissible evidence. Magellan further objected on the grounds set forth in its General Objection Nos. 11 and 12, ...