Form 549D of Pelico Pipeline, LLC.
02/26/2015Mailing Address: 5400 Westheimer Court P.O. Box 1642 Houston, TX 77056-5310 Houston, TX 77251-1642 713.627.5400 main February 27, 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 March 1, 2015, and an applicable service agreement, which contains a non-conforming provision. STATEMENT OF NATURE, REASONS AND BASIS Texas Eastern has entered into a service agreement with BP Energy Company (BP Energy) for firm transportation service under Rate Schedule FT-1 for the period from March 1, 2015, through and including March 31, 2016 (Service Agreement). As more fully described below, Texas Eastern is submitting the Service Agreement as a non-conforming agreement and a related negotiated rate agreement for Commission review. Negotiated Rate Agreement Pursuant to Section 29 of the General Terms and Conditions (GT&C) of the Tariff, Texas Eastern is submitting the negotiated rate transaction applicable to the Service Agreement as proposed Part 4, Section 15.50, of the Tariff. The proposed tariff record identifies and describes the negotiated rate transaction with BP Energy, including the exact legal name of the shipper, the negotiated rates, the rate schedule, the contract terms, and the contract quantities. The proposed tariff record includes footnotes where necessary to provide further details of the negotiated rate transaction reflected therein. Texas Eastern has entered into a negotiated rate agreement with BP Energy, consisting of a one-page letter agreement and a pro forma Statement of Negotiated Rates (see Appendix B). The one-page letter agreement has the sole purpose of indicating the parties agreement to the negotiated rate provisions on the pro forma Statement of Negotiated Rates attached to the letter agreement. The substantive provisions of the tariff record are identical to the pro forma Statement of Negotiated Rates attached to the letter agreement. 1 15 U.S.C. 717c (2006). 2 18 C.F.R. Part 154 (2014). Ms. Kimberly D. Bose, Secretary February 27, 2015 Page 2 Non-Conforming Provision 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 ...