Texas Eastern Transmission, LP submits tariff filing per 154.204: DTI 800317 Non-conforming Agreement to be effective 12/1/2012 under RP13-324 Filing Type : 570
11/28/2012November 29, 2012 Ms. Kimberly D. Bose, Secretary Federal Energy Regulatory Commission 888 First Street, NE Washington, DC 20426 Re: Texas Eastern Transmission, LP, Docket No. RP13-___-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 December 1, 2012, and an applicable service agreement, which contains a non-conforming provision. STATEMENT OF NATURE, REASONS AND BASIS Contract No. 800317 is an agreement with Dominion Transmission, Inc. (DTI) under Rate Schedule FT-1 that becomes effective on December 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 currently effective form of service agreement for Rate Schedule FT-1 in all respects, with the exception of one provision that is unique to the circumstances of DTI. 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 deviation described below as a permissible deviation that does 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 1 15 U.S.C. 717c (2006). 2 18 C.F.R. Part 154 (2012). 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 November 29, 2012 Page 2 Eastern is also submitting Section 14 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. Deviation Exhibit A to the Service Agreement specifies the minimum ...