Texas Eastern Transmission, LP Mailing Address: 5400 Westheimer Court P.O. Box 1642 Houston, Texas 77056 Houston, TX 77251-1642 713.627.5400 main June 5, 2017 Ms. Kimberly D. Bose, Secretary Federal Energy Regulatory Commission 888 First Street, NE Washington, DC 20426 Re: Texas Eastern Transmission, LP, Docket No. RP17- -000 Dear Ms. Bose: Pursuant to Section 4 of the Natural Gas Act 1 and Section 154.204 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, Statements of Negotiated Rates ( Statements of Negotiated Rates ), the tariff record listed in Appendix A to be effective on June 3, 2017. STATEMENT OF NATURE, REASONS AND BASIS Texas Eastern is making this filing pursuant to Section 29 of the General Terms and Conditions ( GT&C ) of its FERC Gas Tariff, Eighth Revised Volume No. 1 ( Tariff ), in order to reflect a negotiated rate transaction that it has entered into with Calpine Energy Services, L.P. ( Calpine ) for firm transportation service under Rate Schedule FT-1. The tariff record identifies and describes the applicable negotiated rate transaction, including the exact legal name of the shipper, the negotiated rates, the rate schedule, the contract term, and the contract quantities. Calpine acquired the capacity as a result of a long-term release of capacity for the period from June 3, 2017, through and including March 31, 2020, by Range Resources Appalachia, LLC ( Range ) of capacity under its FT-1 TEAM 2012 Project service agreement, to which the negotiated rate agreement set forth in Section 28 of the Statements of Negotiated Rates is applicable. Texas Eastern has entered into a negotiated rate agreement with Calpine to reflect Range s negotiated usage and fuel rates that were passed through to Calpine pursuant to the provisions of GT&C Section 29.5(C). Due to the timing of the capacity release transaction and the associated negotiated rate agreement, Texas Eastern was unable to submit the statement of negotiated rates reflecting the terms of the negotiated rate agreement prior to the effective date of the service agreement. However, as discussed in Paragraph 27 of the Texas Eastern Order 3 addressing the submission of negotiated rate agreements for negotiated fuel and usage rates, Texas Eastern is submitting the required filing as soon as reasonably practicable and is requesting any necessary waivers to 1 2 3 15 U.S.C. 717c (2012). 18 C.F.R. 154.204 (2016). See Texas Eastern Transmission, LP, 130 FERC 61,189 (2010) ( Texas Eastern Order ).
Ms. Kimberly D. Bose, Secretary Federal Energy Regulatory Commission June 5, 2017 Page 2 permit the statement of negotiated rates to take effect on a retroactive basis to the start of the release transaction. PROPOSED EFFECTIVE DATE Texas Eastern proposes that the tariff record filed herein becomes effective on June 3, 2017. Texas Eastern respectfully requests a waiver of the notice requirement contained in Section 154.207 of the Commission s regulations, 18 C.F.R. 154.207, and any other waivers that may be required for the Commission to accept the tariff record filed herein to become effective as proposed. IMPLEMENTATION Pursuant to Section 154.7(a)(9) of the Commission s regulations, 18 C.F.R. 154.7(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. 154.4(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 154.201(a) of the Commission s regulations, 18 C.F.R. 154.201(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 154.207 of the Commission's regulations, 18 C.F.R. 154.207. In accordance with Section 154.208 of the Commission's regulations, 18 C.F.R. 154.208, 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 Part 390 of the Commission s regulations, 18 C.F.R. Pt. 390.
Ms. Kimberly D. Bose, Secretary Federal Energy Regulatory Commission June 5, 2017 Page 3 CORRESPONDENCE AND COMMUNICATION All correspondence and communications regarding this filing should be addressed to the following: * Janice K. Devers, Director, Tariffs Texas Eastern Transmission, LP P. O. Box 1642 Houston, TX 77251-1642 Phone: (713) 627-6170 Email: janice.devers@enbridge.com and * Steven E. Hellman, Associate General Counsel Texas Eastern Transmission, LP P. O. Box 1642 Houston, TX 77251-1642 Phone: (713) 627-5215 Email: steven.hellman@enbridge.com * Parties to be designated on the Commission s Official Service List. Enclosures Please contact the undersigned at (713) 627-6170 with any questions regarding this filing. Respectfully submitted, /s/ Janice K. Devers Janice K. Devers, Director Tariffs
TEXAS EASTERN TRANSMISSION, LP STATEMENTS OF NEGOTIATED RATES APPENDIX A Version Section (Description & Title, Narrative Name) 2.0.0 28.1 Calpine contract 8946298
Texas Eastern Transmission, LP 28.1 Calpine - contract 8946298 FERC Gas Tariff Version 2.0.0 Statements of Negotiated Rates Page 1 of 2 STATEMENT OF NEGOTIATED RATES 1/ 2/ 3/ Customer Name: CALPINE ENERGY SERVICES, L.P. Service Agreement: 8946298 Project: For purposes of this Negotiated Rate Agreement, the terms Project or TEAM 2012 Project shall mean the Project as approved by the Federal Energy Regulatory Commission in Docket No. CP11-67. Term of Negotiated Rate: The term of this negotiated rate ("Negotiated Rate Term") commences on June 3, 2017, and continues until and including March 31, 2020. Rate Schedule: FT-1 (TEAM 2012 Project) MDQ: 50,000 Dekatherms/day 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 Pipeline s FERC Gas Tariff, per Dekatherm, per day ( Reservation Rate ) of Customer s MDQ under the Service Agreement specified above during the Negotiated Rate Term. Usage Rate: During the Primary Term, shall be as follows: (a) The Usage-1 charge shall be the maximum applicable Rate Schedule FT-1 (TEAM 2012 Project) recourse Usage-1 charge multiplied by the quantity of gas, in Dekatherms, delivered during the applicable Day, and Customer shall also be responsible for and pay the Applicable Shrinkage Adjustment ("ASA") charge, the applicable ACA charge, ASA usage surcharge, EPC adjustment and all other charges and surcharges applicable to Customer's Service Agreement under Rate Schedule FT-1 (TEAM 2012 Project) and while Customer may not nominate more than Customer s MDQ, in the event actual quantities exceed the MDQ then with respect to service for such quantities above Customer s MDQ, Customer shall pay Pipeline, for all gas quantities transported, a usage rate, which shall be a negotiated rate equal to the maximum applicable Usage-2 Charge under Rate Schedule FT-1 (TEAM 2012 Project) multiplied by the quantity of gas, in Dekatherms, delivered in the applicable day, and Customer shall also pay the applicable ASA charge, ACA charge, ASA usage surcharge, EPC adjustment and all other charges and surcharges applicable to the Service Agreement under Rate Schedule FT-1 (TEAM 2012 Project). Primary Receipt Point: None Primary Delivery Point: Meter # 79660 - MARIETTA CUSTODY TRANSFER POINT MDDO = 50,000 Dekatherms/day Issued on: June 5, 2017 Effective on: June 3, 2017
Texas Eastern Transmission, LP 28.1 Calpine - contract 8946298 FERC Gas Tariff Version 2.0.0 Statements of Negotiated Rates Page 2 of 2 Recourse Rate(s): The Recourse Rate(s) applicable to this service is the applicable maximum rate(s) stated on Texas Eastern's currently effective Statement of Rates for Rate Schedule FT-1 (TEAM 2012 Project). FOOTNOTES: 1/ This negotiated rate transaction does not deviate in any material respect from the applicable form of service agreement set forth in Pipeline's FERC Gas Tariff. 2/ This negotiated rate shall apply only to service under Contract No. 8946298, and using the points designated herein, as further described herein; provided, if Customer amends the Service Agreement to change one or more of its primary points listed above pursuant to the provisions of Pipeline s FERC Gas Tariff, Pipeline shall have the option to terminate this negotiated rate by providing Customer with written notice of Pipeline s intent to terminate the negotiated rate and, in such case, Pipeline s maximum recourse rates referenced above shall apply for the remaining term of the Service Agreement, unless and until otherwise agreed in writing between Customer and Pipeline; provided, further that following the term of this negotiated rate as such term is described above, Pipeline s maximum recourse rates referenced above shall apply for any remaining term under the Service Agreement. 3/ Texas Eastern and Customer agree that in the event any carbon emissions tax or other greenhouse gas assessment is imposed on Texas Eastern as a surcharge, or other form of rate recovery, during the term of this Negotiated Rate Agreement, then Customer shall agree to modify the negotiated rate set forth herein to include Customer s ratable share of such amounts. Further, if Texas Eastern is required to incur additional expense to comply with any greenhouse gas laws, rules or regulations, then Customer shall agree to modify the negotiated rate set forth herein to include Customer s ratable share of such additional expense. Issued on: June 5, 2017 Effective on: June 3, 2017
28.1 Calpine - contract 8946298 Version 1.0.0 2.0.0 Page 1 of 2 STATEMENT OF NEGOTIATED RATES 1/ 2/ 3/ Customer Name: CALPINE ENERGY SERVICES, L.P. Service Agreement: 8946298 Project: For purposes of this Negotiated Rate Agreement, the terms Project or TEAM 2012 Project shall mean the Project as approved by the Federal Energy Regulatory Commission in Docket No. CP11-67. Term of Negotiated Rate: The term of this negotiated rate ("Negotiated Rate Term") commences on June 3, 2017, and continues until and including March 31, 2020. Rate Schedule: FT-1 (TEAM 2012 Project) MDQ: 50,000 Dekatherms/day 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 Pipeline s FERC Gas Tariff, per Dekatherm, per day ( Reservation Rate ) of Customer s MDQ under the Service Agreement specified above during the Negotiated Rate Term. Usage Rate: During the Primary Term, shall be as follows: (a) The Usage-1 charge shall be the maximum applicable Rate Schedule FT-1 (TEAM 2012 Project) recourse Usage-1 charge multiplied by the quantity of gas, in Dekatherms, delivered during the applicable Day, and Customer shall also be responsible for and pay the Applicable Shrinkage Adjustment ("ASA") charge, the applicable ACA charge, ASA usage surcharge, EPC adjustment and all other charges and surcharges applicable to Customer's Service Agreement under Rate Schedule FT-1 (TEAM 2012 Project) and while Customer may not nominate more than Customer s MDQ, in the event actual quantities exceed the MDQ then with respect to service for such quantities above Customer s MDQ, Customer shall pay Pipeline, for all gas quantities transported, a usage rate, which shall be a negotiated rate equal to the maximum applicable Usage-2 Charge under Rate Schedule FT-1 (TEAM 2012 Project) multiplied by the quantity of gas, in Dekatherms, delivered in the applicable day, and Customer shall also pay the applicable ASA charge, ACA charge, ASA usage surcharge, EPC adjustment and all other charges and surcharges applicable to the Service Agreement under Rate Schedule FT-1 (TEAM 2012 Project). Primary Receipt Point: None Primary Delivery Point: Meter # 79660 - MARIETTA CUSTODY TRANSFER POINT MDDO = 50,000 Dekatherms/day Issued on: June 5, 2017 Effective on: June 3, 2017
28.1 Calpine - contract 8946298 Version 1.0.0 2.0.0 Page 2 of 2 Recourse Rate(s): The Recourse Rate(s) applicable to this service is the applicable maximum rate(s) stated on Texas Eastern's currently effective Statement of Rates for Rate Schedule FT-1 (TEAM 2012 Project). FOOTNOTES: 1/ This negotiated rate transaction does not deviate in any material respect from the applicable form of service agreement set forth in Pipeline's FERC Gas Tariff. 2/ This negotiated rate shall apply only to service under Contract No. 8946298, and using the points designated herein, as further described herein; provided, if Customer amends the Service Agreement to change one or more of its primary points listed above pursuant to the provisions of Pipeline s FERC Gas Tariff, Pipeline shall have the option to terminate this negotiated rate by providing Customer with written notice of Pipeline s intent to terminate the negotiated rate and, in such case, Pipeline s maximum recourse rates referenced above shall apply for the remaining term of the Service Agreement, unless and until otherwise agreed in writing between Customer and Pipeline; provided, further that following the term of this negotiated rate as such term is described above, Pipeline s maximum recourse rates referenced above shall apply for any remaining term under the Service Agreement. 3/ Texas Eastern and Customer agree that in the event any carbon emissions tax or other greenhouse gas assessment is imposed on Texas Eastern as a surcharge, or other form of rate recovery, during the term of this Negotiated Rate Agreement, then Customer shall agree to modify the negotiated rate set forth herein to include Customer s ratable share of such amounts. Further, if Texas Eastern is required to incur additional expense to comply with any greenhouse gas laws, rules or regulations, then Customer shall agree to modify the negotiated rate set forth herein to include Customer s ratable share of such additional expense. RESERVED FOR FUTURE USE Issued on: June 5, 2017 Effective on: June 3, 2017
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. Dated at Houston, Texas this 5 th day of June, 2017. /s/ Brian J. Malik Brian J. Malik On behalf of Texas Eastern Transmission, LP