Texas Eastern Transmission, LP submits tariff filing per 154.204: ConocoPhillips TEMAX Agreements to be effective 11/1/2011 under RP12-33 Filing Type : 570
10/20/2011October 21, 2011 Ms. Kimberly D. Bose, Secretary Federal Energy Regulatory Commission 888 First Street, NE Washington, DC 20426 Re: Texas Eastern Transmission, LP, Docket No. RP12-___-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 sections listed in Appendix A to be effective on November 1, 2011, and an applicable service agreement, which contains certain non-conforming provisions. STATEMENT OF NATURE, REASONS AND BASIS This filing involves service on the Texas Eastern Market Area Crossing (TEMAX) Project facilities. The TEMAX Project provides 395,000 Dth/d of firm incremental transportation capacity to serve the growing Mid-Atlantic and Northeastern United States market and provides the market with a significant new long-term and reliable source of supply from the Rocky Mountains. The Commission approved the TEMAX Project by certificate order dated November 19, 2009, in Docket No. CP09-68.3 Texas Eastern placed a portion of the project into service on November 1, 2010, with the remainder of the project facilities being placed into service on September 1, 2011. ConocoPhillips Company (ConocoPhillips) is the anchor shipper on the TEMAX facilities, subscribing the entire 395,000 Dth/d of project capacity under a long-term firm service agreement. Prior to placing the TEMAX facilities into service, Texas Eastern filed this long- term firm service agreement, Contract No. 910662, with the Commission for approval of certain non-conforming provisions related to the unique circumstances of the TEMAX Project, along with the related negotiated rate agreement. The Commission accepted Contract No. 910662 and the tariff record reflecting the associated negotiated rate effective November 1, 2010.4 Texas 1 15 U.S.C. 717c (2006). 2 18 C.F.R. Part 154 (2011). 3 Texas Eastern Transmission, LP, 129 FERC 61,151 (2009) (Certificate Order). In the Certificate Order, the Commission granted to Texas Eastern certificate authorization to construct, install, own and operate the TEMAX Project and the Texas Eastern Incremental Market Area Expansion III (TIME III) Project facilities, as well as the Marietta Extension facilities. 4 Texas Eastern Transmission, LP, Letter Order, Docket No. RP11-70-000 (Nov. 4, 2010). Ms. Kimberly D. Bose, Secretary October 21, 2011 Page 2 Eastern commenced service under Contract No. 910662 and the related negotiated rate agreement on November 1, 2010. On August 31, 2011, Texas Eastern filed a revised negotiated rate agreement applicable to Contract No. 910662, which was accepted by the Commission effective ...