STATEMENT OF NATURE, REASONS AND BASIS

Transcription

1 October 1, 2012 Ms. Kimberly D. Bose, Secretary Federal Energy Regulatory Commission 888 First Street, NE Washington, DC Re: Texas Eastern Transmission, LP, Docket No. RP Dear Ms. Bose: Pursuant to Section 4 of the Natural Gas Act 1 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 ), the tariff record listed in Appendix A to be effective on November 1, STATEMENT OF NATURE, REASONS AND BASIS Texas Eastern is making this filing pursuant to Section 29 of the General Terms and Conditions of Texas Eastern s Tariff in order to reflect a negotiated rate transaction that it has entered into with PSEG Energy Resources & Trade LLC ( PSEG ERT ) for firm transportation service under Rate Schedule FT-1. The tariff record identifies and describes the negotiated rate transaction, including the exact legal name of the shipper, the negotiated rates, the rate schedule, the contract terms, and the contract quantities. PSEG ERT acquired the capacity as a result of a release of capacity for the period from November 1, 2012, through and including October 31, 2013, by PSEG Power, LLC ( PSEG Power ) of capacity under its FT-1 service agreement, to which the negotiated rate agreement set forth in Part 4, Section of the Texas Eastern Tariff is applicable. Texas Eastern and PSEG ERT entered into a negotiated rate agreement to reflect the negotiated usage and fuel rates that were automatically passed through to PSEG ERT pursuant to the terms of the negotiated rate agreement with PSEG Power. Texas Eastern has executed a one-page letter agreement with PSEG ERT (see Appendix B), which 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 pro forma Statement of Negotiated Rates are identical to the provisions in the negotiated rate agreement with PSEG ERT in all respects. PROPOSED EFFECTIVE DATE Texas Eastern proposes that the tariff record filed herein become effective on November 1, Texas Eastern respectfully requests any waivers that may be required for the Commission to accept the tariff record filed herein to become effective on November 1, U.S.C. 717c (2006). 18 C.F.R. Pt. 154 (2012).

2 Ms. Kimberly D. Bose, Secretary Federal Energy Regulatory Commission October 1, 2012 Page 2 IMPLEMENTATION Pursuant to Section 154.7(a)(9) of the Commission s regulations, 18 C.F.R (a)(9), Texas Eastern files this motion to place the revised tariff record filed herein into effect at the expiration of any suspension period set by the Commission, provided that the tariff changes are approved as filed and without condition. In the event the tariff record filed herewith is not approved as filed and without condition, Texas Eastern reserves the right to file a motion at a later date to place such tariff record into effect. COMPLIANCE WITH REGULATIONS In compliance with Section 154.4(c) of the Commission s regulations, 18 C.F.R (c), all contents of this filing are being submitted as part of an XML filing package in conformance with the Secretary of the Commission s instructions. In compliance with Section (a) of the Commission s regulations, 18 C.F.R (a), a marked version of the proposed tariff record showing additions to and deletions from the currently effective tariff record is attached. Copies of this filing are being posted in accordance with Section of the Commission's regulations, 18 C.F.R In accordance with Section of the Commission's regulations, 18 C.F.R , copies of this filing are being served electronically on Texas Eastern s customers and interested state commissions. A paper copy of this filing may only be served if a customer or state commission has been granted a waiver of electronic service pursuant to Section 390 of the Commission s regulations, 18 C.F.R CORRESPONDENCE AND COMMUNICATION All correspondence and communications regarding this filing should be addressed to the following: * Janice K. Devers, General Manager, Tariffs and Commercial Development Texas Eastern Transmission, LP P. O. Box 1642 Houston, TX Phone: (713) jkdevers@spectraenergy.com

3 Ms. Kimberly D. Bose, Secretary Federal Energy Regulatory Commission October 1, 2012 Page 3 and * Marcy F. Collins, Associate General Counsel Texas Eastern Transmission, LP P. O. Box 1642 Houston, TX Phone: (713) mfcollins@spectraenergy.com * Parties to be designated on the Commission s Official Service List. Enclosures Please contact the undersigned at (713) with any questions regarding this filing. Respectfully submitted, /s/ Janice K. Devers Janice K. Devers, General Manager Tariffs and Commercial Development

4 TEXAS EASTERN TRANSMISSION, LP Eighth Revised Volume No. 1 APPENDIX A Version Section (Description & Title, Narrative Name) Part 4 Statements of Rates PSEG Energy Resources & Trade LLC - Contract

5 Texas Eastern Transmission, LP Part 4 - Statements of Rates FERC Gas Tariff PSEG Energy Resources and Trade - contract Eighth Revised Volume No. 1 Version Page 1 of 2 STATEMENT OF NEGOTIATED RATES 1/ 2/ Customer Name: PSEG Energy Resources and Trade Service Agreement: Contract No Term of Negotiated Rate: The term of this negotiated rate ("Negotiated Rate Term") commences on November 1, 2012 and continues until and including October 31, Rate Schedule: FT-1, TIME II Project MDQ: 50,000 dth/d Reservation Rate: Customer shall pay a reservation rate, as determined pursuant to the capacity release processes set forth in Section 3.14 of the General Terms and Conditions of the Texas Eastern Tariff, per Dth, per day ("Reservation Rate") of Customer's MDQ under Contract No during the Negotiated Rate Term. Usage Rate: The usage rate to be paid by Customer under Contract No during the Negotiated Rate Term shall be zero. Customer shall also pay the applicable Annual Charge Adjustment ("ACA"), Applicable Shrinkage Adjustment ("ASA") charges and other charges/surcharges applicable to Customer's Contract No under Rate Schedule FT-1. Texas Eastern shall apply the ASA charge for service under Contract No as such charge may change from time to time in accordance with the Commission approved mechanism (if any) for tracking such amounts, and Customer shall pay Texas Eastern for all such ASA charges. Notwithstanding the foregoing, if the applicable ASA charge for service under Contract No (as calculated based upon the Commission approved ASA methodology and/or application of any Commission approved tracking mechanism) is equal to or greater than 3.6%, then Customer shall pay Texas Eastern an ASA charge of 3.6% for all gas quantities up to Customer's MDQ transported from the Primary Receipt Point(s) to the Primary Delivery Point(s) ("Primary Incremental Transportation Path") specified in Contract No , or from a receipt point(s) within or downstream of the Primary Incremental Transportation Path. Further, for transportation service from a receipt point(s) upstream of the Primary Incremental Transportation Path and/or for quantities above Customer's MDQ, Customer shall pay Texas Eastern, for all gas quantities transported, an ASA charge which is equal to the applicable ASA charge for service under Contract No (as calculated based upon the Commission approved ASA methodology and/or application of any Commission approved tracking mechanism). Primary Receipt Point: M&R 70215, Texas Gas - Lebanon, OH, Warren Co., OH. Primary Delivery Point: (1) M&R 70128, Linden, Union Co., NJ: MDDO= 10,000 dth; (2) M&R 71196, Bound Brook, Somerset Co., NJ: MDDO= 5,000 dth: (3) M&R 71207, Basking Ridge, NJ (thru 71078) "Bernards" Somerset Co., NJ: MDDO= 15,000 dth; (4) M&R 71208, Issued on: October 1, 2012 Effective on: November 1, 2012

6 Texas Eastern Transmission, LP Part 4 - Statements of Rates FERC Gas Tariff PSEG Energy Resources and Trade - contract Eighth Revised Volume No. 1 Version Page 2 of 2 Morristown, NJ (thru 71078) Morris Co., NJ: MDDO= 5,000 dth: (5) M&R 72944, Jamesburg, Middlesex Co., NJ: MDDO= 15,000 dth. Recourse Rate(s): The Recourse Rate(s) applicable to this service is the maximum rate(s) stated in Texas Eastern's currently effective FERC Gas Tariff for Rate Schedule FT-1, TIME II Project. FOOTNOTES: 1/ This negotiated rate transaction does not deviate in any material respect from the applicable form of service agreement set forth in Texas Eastern's FERC Gas Tariff. 2/ The negotiated usage rate is applicable for receipts and deliveries at any receipt and delivery point on Pipeline's system within each applicable zone. Issued on: October 1, 2012 Effective on: November 1, 2012

7 15.25 PSEG Energy Resources and Trade - contract Version Page 1 of 2 STATEMENT OF NEGOTIATED RATES 1/ 2/ Customer Name: PSEG Energy Resources and Trade Service Agreement: Contract No Term of Negotiated Rate: The term of this negotiated rate ("Negotiated Rate Term") commences on November 1, and continues until and including October 31, Rate Schedule: FT-1, TIME II Project MDQ: 50,000 dth/d Reservation Rate: Customer shall pay a reservation rate, as determined pursuant to the capacity release processes set forth in Section 3.14 of the General Terms and Conditions of the Texas Eastern Tariff, per Dth, per day ("Reservation Rate") of Customer's MDQ under Contract No during the Negotiated Rate Term. Usage Rate: The usage rate to be paid by Customer under Contract No during the Negotiated Rate Term shall be zero. Customer shall also pay the applicable Annual Charge Adjustment ("ACA"), Applicable Shrinkage Adjustment ("ASA") charges and other charges/surcharges applicable to Customer's Contract No under Rate Schedule FT-1. Texas Eastern shall apply the ASA charge for service under Contract No as such charge may change from time to time in accordance with the Commission approved mechanism (if any) for tracking such amounts, and Customer shall pay Texas Eastern for all such ASA charges. Notwithstanding the foregoing, if the applicable ASA charge for service under Contract No (as calculated based upon the Commission approved ASA methodology and/or application of any Commission approved tracking mechanism) is equal to or greater than 3.6%, then Customer shall pay Texas Eastern an ASA charge of 3.6% for all gas quantities up to Customer's MDQ transported from the Primary Receipt Point(s) to the Primary Delivery Point(s) ("Primary Incremental Transportation Path") specified in Contract No , or from a receipt point(s) within or downstream of the Primary Incremental Transportation Path. Further, for transportation service from a receipt point(s) upstream of the Primary Incremental Transportation Path and/or for quantities above Customer's MDQ, Customer shall pay Texas Eastern, for all gas quantities transported, an ASA charge which is equal to the applicable ASA charge for service under Contract No (as calculated based upon the Commission approved ASA methodology and/or application of any Commission approved tracking mechanism). Primary Receipt Point: M&R 70215, Texas Gas - Lebanon, OH, Warren Co., OH. Primary Delivery Point: (1) M&R 70128, Linden, Union Co., NJ: MDDO= 10,000 dth; (2) M&R 71196, Bound Brook, Somerset Co., NJ: MDDO= 5,000 dth: (3) M&R 71207, Basking Issued on: October 1, 2012 Effective on: November 1, 2012

8 15.25 PSEG Energy Resources and Trade - contract Version Page 2 of 2 Ridge, NJ (thru 71078) "Bernards" Somerset Co., NJ: MDDO= 15,000 dth; (4) M&R 71208, Morristown, NJ (thru 71078) Morris Co., NJ: MDDO= 5,000 dth: (5) M&R 72944, Jamesburg, Middlesex Co., NJ: MDDO= 15,000 dth. Recourse Rate(s): The Recourse Rate(s) applicable to this service is the maximum rate(s) stated in Texas Eastern's currently effective FERC Gas Tariff for Rate Schedule FT-1, TIME II Project. FOOTNOTES: 1/ This negotiated rate transaction does not deviate in any material respect from the applicable form of service agreement set forth in Texas Eastern's FERC Gas Tariff. 2/ The negotiated usage rate is applicable for receipts and deliveries at any receipt and delivery point on Pipeline's system within each applicable zone. Issued on: October 1, 2012 Effective on: November 1, 2012

9 APPENDIX B Negotiated Rate Agreement

10 Texas Eastern Transmiss;on, LP 5400 Westheimer Court Houston, TX rna" Mailing Address: P.O. Box 1642 Houston, TX spect~ Energyw September II, 2012 Mr. John Scarlata Vice President PSEG Energy Resources and Trade, LLC 80 Park Plaza P.O. Box 570 Newark, NJ Re: Rate Schedule IT-I Service Agreement Negotiated Rate Dear John: By this transmittal letter, Texas Eastern Transmission, LP ("Texas Eastern") and PSEG Energy Resources and Trade ("PSEG") are implementing a negotiated rate applicable to service under the above-referenced Rate Schedule IT-I Service Agreement. Texas Eastern and PSEG hereby agree that the provisions on the attached pro forma Statement of Negotiated Rates reflects the terms of their agreement, including the effectiveness of the negotiated rates After execution of this letter by both Texas Eastern and PSEG, Texas Eastern shall file a Statement of Negotiated Rates with the Commission containing rate-related provisions identical to those provisions on the attached pro forma Statement of Negotiated Rates in accordance with Section 29 of the General Terms and Conditions of the Texas Eastern tariff. If the foregoing accurately sets forth your understanding of the matter covered herein, please so indicate by having a duly authorized representative sign in the space provided below and returning an original signed copy to the undersigned.,. Sincerely, ACCEPTED AND AGREED TO THISe?i DAY OF September, 2012 Texas Ea ern ransmission, LP By its Gen ra Partner Spectra En r Transmission Services, LLC e: Jou", P. SCA-U"'TA Itle: V'c", P,egSIt>(;'N, ';''''5. 5"",1''''1 WNW.spectraenergy.com

11 STATEMENT OF NEGOTIATED RATES 112/ Customer Name: PSEG Energy Resources and Trade Service Agreement: Contract No Pro Forma Statement of Negotiated Rates Contract No Term of Negotiated Rate: The term of this negotiated rate ("Negotiated Rate Term") commences on November 1,2012 and continues until and including October 31,2013. Rate Schedule: IT-I, TIME II Project MDO: 50,000 dthld Reservation Rate: Customer shall pay a reservation rate, as determined pursuant to the capacity release processes set forth in Section 3.14 of the General Terms and Conditions of the Texas Eastern Tariff, per Dth, per day ("Reservation Rate") of Customer's MDQ under Contract No during the Negotiated Rate Term. Usage Rate: The usage rate to be paid by Customer under Contract No during the Negotiated Rate Term shall be zero. Customer shall also pay the applicable Annual Charge Adjustment ("ACA"), Applicable Shrinkage Adjustment ("ASA") charges and other charges/surcharges applicable to Customer's Contract No under Rate Schedule IT-I. Texas Eastern shall apply the ASA charge for service under Contract No as such charge may change from time to time in accordance with the Commission approved mechanism (if any) for tracking such amounts, and Customer shall pay Texas Eastern for all such ASA charges. Notwithstanding the foregoing, if the applicable ASA charge for service under Contract No (as calculated based upon the Commission approved ASA methodology and/or application of any Commission approved tracking mechanism) is equal to or greater than 3.6%, then Customer shall pay Texas Eastern an ASA charge of3.6% for all gas quantities up to Customer's MDQ transported from the Primary Receipt Point(s) to the Primary Delivery Point(s) ("Primary Incremental Transportation Path") specified in Contract No , or from a receipt point(s) within or downstream of the Primary Incremental Transportation Path. Further, for transportation service from a receipt point(s) upstream of the Primary Incremental Transportation Path and/or for quantities above Customer's MDQ, Customer shall pay Texas Eastern, for all gas quantities transported, an ASA charge which is equal to the applicable ASA charge for service under Contract No (as calculated based upon the Commission approved ASA methodology and/or application of any Commission approved tracking mechanism). Primary Receipt Point: M&R 70215, Texas Gas - Lebanon, OH, Warren Co., OH. Primary Delivery Point: (1) M&R 70128, Linden, Union Co., NJ: MDDO= 10,000 dth; (2) M&R 71196, Bound Brook, Somerset Co., NJ: MDDO= 5,000 dth: (3) M&R 71207, Basking

12 Pro Forma Statement of Negotiated Rates Contract No Ridge, NJ (thru 71078) "Bernards" Somerset Co., NJ: MDDO= 15,000 dth; (4) M&R 71208, Morristown, NJ (thru 71078) Morris Co., NJ: MDDO= 5,000 dth: (5) M&R 72944, Jamesburg, Middlesex Co., NJ: MDDO= 15,000 dth. Recourse Rate(s): The Recourse Rate(s) applicable to this service is the maximum rate(s) stated in Texas Eastern's currently effective FERC Gas Tarifffor Rate Schedule FT-I, TIME II Project. FOOTNOTES: 11 This negotiated rate transaction does not deviate in any material respect from the applicable form of service agreement set forth in Texas Eastern's FERC Gas Tariff. 21 The negotiated usage rate is applicable for receipts and deliveries at any receipt and delivery point on Pipeline's system within each applicable zone.

13 CERTIFICATE OF SERVICE I hereby certify that I have electronically served the foregoing document upon customers of Texas Eastern Transmission, LP and interested state commissions that have requested electronic service. A paper copy of this filing may only be served if a customer or state commission has been granted a waiver of electronic service pursuant to Section 390 of the Commission s regulations. Dated at Houston, Texas this 1 st day of October, /s/ Marcy L. McCain Marcy L. McCain On behalf of Texas Eastern Transmission, LP