INITIAL POST-TECHNICAL CONFERENCE COMMENTS OF SUNCOR ENERGY MARKETING INC. UNDER DOCKET NO. IS13-17

UNITED STATES OF AMERICA BEFORE THE FEDERAL ENERGY REGULATORY COMMISSION Enbridge Energy, Limited Partnership Docket No. IS13-17 FERC Tariff No. 41.3.0 INITIAL POST-TECHNICAL CONFERENCE COMMENTS OF SUNCOR ENERGY MARKETING INC. 1. Pursuant to the schedule announced at the technical conference in this proceeding held on February 6, 2013 (Technical Conference), Suncor Energy Marketing Inc. (Suncor), hereby submits initial post-technical conference comments on FERC Tariff No. 41.3.0 (Tariff Filing) filed herein by Enbridge Energy, Limited Partnership (Enbridge) on October 22, 2012. For the reasons set forth below, and set forth in the protest of Suncor filed herein, Suncor requests that the downstream verification procedure (Verification Procedure) proposed in the Tariff Filing be rejected and that the Commission order Enbridge to adopt the alternative procedure for verifying nominations proposed by the protesting shippers identified as the Intervenor Group. I. SUMMARY 2. Enbridge has not demonstrated that its proposed Verification Procedure is consistent with its statutory duties to furnish transportation upon reasonable request and to establish, observe, and enforce reasonable regulations and practices. The proposed Verification Procedure is not reasonable because it is vague and ambiguous and allows 1 unilateral discretion to Enbridge in verifying and limiting nominations by shippers. Accordingly, the Commission should reject the proposed Verification Procedure. 3. In contrast, the alternative verification procedure proposed by the Intervenor Group (IG Proposal) fits squarely within the Commissions established policy and precedent and is suited to the circumstances on the Enbridge system. The IG Proposal extends the current historical method for verifying nominations which was developed with shipper consensus and modifies that method to account for new demand. The IG Proposal has broad shipper support. For these reasons, the Commission should direct Enbridge to adopt the IG Proposal. II. BACKGROUND 4. Enbridge is a pipeline carrier of crude oil in interstate commerce. Enbridge and its Canadian affiliate, Enbridge Pipelines Inc., operate a crude oil pipeline system known as the Mainline system which begins at Edmonton, Alberta, and ends in West Seneca, New York, with intermediate receipt and delivery points in Canada and the United States. The Mainline system includes an upstream portion from Edmonton to Superior, Wisconsin, and a downstream system from Superior to various delivery points. 5. Together with its affiliated companies, Suncor is a substantial producer, refiner, and marketer of crude oil. Suncor is a past, present, and future shipper on the Enbridge Mainline. 6. On October 22, 2012, Enbridge made the Tariff Filing in this docket proposing certain changes to its Rules and Regulations. ...