Texas Eastern Transmission, LP submits tariff filing per 154.204: Non-conforming Agreements Cleanup Jan2015 to be effective 2/16/2015 under RP15-347 Filing Type : 570
01/15/2015Mailing Address: 5400 Westheimer Court P.O. Box 1642 Houston, TX 77056-5310 Houston, TX 77251-1642 713.627.5400 main January 16, 2015 Ms. Kimberly D. Bose, Secretary Federal Energy Regulatory Commission 888 First Street, NE Washington, DC 20426 Re: Texas Eastern Transmission, LP, Docket No. RP15-___-000 Dear Ms. Bose: Pursuant to Section 4 of the Natural Gas Act1 and Part 154 of the regulations of the Federal Energy Regulatory Commission (Commission) promulgated thereunder, 2 Texas Eastern Transmission, LP (Texas Eastern) hereby submits for filing as part of its FERC Gas Tariff, Eighth Revised Volume No. 1 (Tariff) and its FERC Gas Tariff, Filed Agreements (Filed Agreements Tariff), the tariff records listed in Appendix A to be effective on February 16, 2015, and an applicable service agreement, which contains a non-conforming provision. STATEMENT OF NATURE, REASONS AND BASIS Sections 154.1(d) and 154.112(b) of the Commissions regulations require pipelines to file any agreement that deviates in any material aspect from the form of service agreement in the pipelines tariff.3 As reaffirmed by the Commissions July 25, 2003 order modifying its negotiated rate policy, the Commission defines a material deviation as any provision of a service agreement that goes beyond the filling-in of the spaces in the form of service agreement with the appropriate information provided for in the tariff and that affects the substantive rights of the parties.4 The Commissions policy is that such material deviations may be acceptable if such deviations do not change the conditions under which service is provided and do not present a risk of undue discrimination.5 On February 27, 2006, and March 6, 2006, in Docket No. IN05-4-000 (2006 Filings), Texas Eastern submitted Contract No. 400187 with New England Gas Company Fall River (Fall River) and Contract No. 400220 with New England Gas Company North Attleboro (North Attleboro), respectively, to the Commission as non-conforming service agreements. In the 2006 Filings, Texas Eastern explained that the single deviation in each service agreement appears in Exhibit B which sets forth storage withdrawal quantity limitations that deviate from the provisions in Section 6.3 of Rate Schedule SS-1 and do not present a risk of undue 1 15 U.S.C. 717c (2006). 2 18 C.F.R. Part 154 (2012). 3 18 C.F.R. 154.1, 154.112(b). 4 Natural Gas Pipeline Negotiated Rate Policy and Practice, 104 FERC 61,134 at P 27 (2003). 5 Id., citing Columbia Gas Transmission Corp., 97 FERC 61,221 at 62,001-2 (2001); see also ANR Pipeline Co., 97 FERC 61,224 (2001). Ms. Kimberly D. Bose, Secretary January 16, 2015 Page 2 discrimination. In addition, Texas Eastern updated the list of non-conforming service agreements contained in Section 3.18 of the General Terms and Conditions (GT&...