Complaint of PBF Holding Company LLC and Toledo Refining Company LLC against Enbridge Energy, Limited Partnership under OR12- 14.

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 ...