DB Energy Trading LLC submits FERC Transaction Report FERC Form No. 552: Annual Report of Natural Gas Transactions for the year ended 2011.
04/23/2012April 27, 2012 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 records listed in Appendix A to be effective on June 1, 2012, and an applicable service agreement, which contains certain non-conforming provisions. STATEMENT OF NATURE, REASONS AND BASIS Contract No. 910900 is an agreement with EQT Energy, LLC (EQT Energy) under Rate Schedule FT-1 that becomes effective on June 1, 2012 (the Service Agreement). 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 The Commission will permit deviations that do not present a risk of undue discrimination.4 Texas Eastern is submitting the Service Agreement for review (see Appendix B) consistent with the Commissions regulations regarding non-conforming agreements. The Service Agreement conforms to the form of service agreement for Rate Schedule FT- 1 in all respects, with the exception of two provisions that are unique to the circumstances of EQT Energy. The parties agreement to these contractual provisions was necessary and appropriate in light of these unique circumstances, as described further below. Accordingly, Texas Eastern requests that the Commission accept the deviations described below as permissible deviations that do not present a risk of undue discrimination. Pursuant to Section 154.1(d) of the Commissions regulations, Texas Eastern submits herewith for filing, as part of its Tariff, a revised version of Section 3.18 of the General Terms and Conditions that designates the Service Agreement as a non-conforming agreement. Texas Eastern is also submitting Section 9 of its Filed Agreements Tariff, containing the executed Service Agreement with non-conforming provisions. A marked version of the executed Service Agreement against the current form of service agreement under Rate Schedule FT-1 is attached. 1 15 U.S.C. 717c (2006). 2 18 C.F.R. Part 154 (2011). 3 18 C.F.R. 154.1(d), 154.112(b). 4 Natural Gas Pipeline Negotiated Rate Policies and Practices, 104 FERC 61,134, P 27 (2003); see also ANR Pipeline Co., 97 FERC 61,224 (2001). Ms. Kimberly D. Bose, Secretary April 27, 2012 Page 2 Deviations Paragraph 3 of the Service Agreement contains a non-conforming provision that ...