Sabine Pipe Line LLC hereby submits its Annual Blanket Certificate Report for calendar year 2010 pursuant to Section 157.207 of the Commission's Regulations under CP11-496.
06/02/2011UNITED STATES OF AMERICA BEFORE THE FEDERAL ENERGY REGULATORY COMMISSION ConocoPhillips Company ) ) v. ) Docket No. OR11-3-000 ) Enterprise TE Products ) Pipeline Company LLC ) MOTION FOR LEAVE TO FILE AND REPLY OF ENTERPRISE TE PRODUCTS PIPELINE COMPANY LLC TO ANSWER OF CONOCOPHILLIPS COMPANY Pursuant to Rules 212 and 213 of the Commissions Rules of Practice and Procedure (18 C.F.R. 385.212 and 385.213), Enterprise TE Products Pipeline Company LLC (Enterprise TEPPCO) requests leave to file and submits the following reply to the pleading filed by ConocoPhillips Company (ConocoPhillips) on January 6, 2011 (ConocoPhillips Response). The ConocoPhillips Response was submitted in opposition to Enterprise TEPPCOs December 22, 2010 Answer to ConocoPhillips November 30, 2010 Complaint. Enterprise TEPPCO respectfully submits that good cause exists to permit it to reply to the ConocoPhillips Response in order to assist the Commission regarding the issues presented and to provide a more complete and accurate record.1 For the reasons set forth below, the ConocoPhillips Response is without merit and the ConocoPhillips Complaint should be dismissed. I. INTRODUCTION The primary relevant facts in this case are not in dispute. While the parties disagree about whether certain existing practices constitute transportation under the Interstate Commerce Act (ICA) and, if so, whether Enterprise TEPPCO may be required to continue to provide such transportation, those are legal issues that the Commission may resolve on the existing record. There is no dispute that Enterprise TEPPCO and ConocoPhillips are currently parties to a contract in which ConocoPhillips provides propane to Enterprise TEPPCO at Twin Oaks/Marcus Hook, Pennsylvania in exchange for propane provided by Enterprise TEPPCO to ConocoPhillips at Mont Belvieu, Texas (Exchange Agreement). Enterprise TEPPCO has given notice of termination of the Exchange Agreement effective March 31, 2011, pursuant to the terms of that agreement. Both parties agree that the propane delivered by ConocoPhillips at Twin Oaks/Marcus Hook does not physically flow to Mont Belvieu. Instead, ConocoPhillips alleges that there is physical transportation from east to west on the lateral line that extends west to east from Greensburg, Pennsylvania to Twin Oaks/Marcus Hook (the Greensburg Lateral). 1 See, e.g., Valero Marketing & Supply Co. v. Longhorn Partners Pipeline, L.P., 123 FERC 61,106, at P 6 (2008) (accepting additional pleadings as they provide information and clarification that aid the Commission in addressing the issues raised by the Complaint); BP West Coast Prods., LLC v. SFPP, L.P., 121 FERC 61,239, at P 34 (2007) (permitting answer to answer where it provided information that assisted us in our decision-making process). -2...