August 1, 2013 Ms. Kimberly D. Bose, Secretary Federal Energy Regulatory Commission 888 First Street, N.E. Washington, D.C. 20426 Re: Fayetteville Express Pipeline LLC Annual Charge Adjustment Filing Docket No. RP13-000 Dear Ms. Bose: Fayetteville Express Pipeline LLC (FEP) hereby submits for filing with the Commission as part of its FERC Gas Tariff, First Revised Volume No. 1 (Tariff), the following revised tariff records, to be effective on October 1, 2013: Version 3.0.0 1.0.0 Descripton 1. 35. Title Rate Schedules FTS, ITS and HAT Annual Charge Adjustment (ACA) Surcharge STATEMENT OF NATURE, REASONS AND BASIS 1 The purpose of this filing is to comply with Order No. 776, Final Rule issued on March 21, 2013 in Docket No. RM12-14-000. Order No. 776 requires gas pipelines that choose to recover Commissionassessed annual charges through an annual charge adjustment (ACA) clause to reference the annual charge unit rate posted on the Commission’s website located at http://www.ferc.gov in lieu of making an annual filing to restate the ACA unit rate on the tariff rate records. On the tariff records reflecting currently effective rates for Rate Schedules FTS, ITS and HAT, FEP proposes to show the ACA unit charge in a footnote to reference the unit rate posted on the Commission’s website. FEP further modifies the ACA provision in Section 35 of the General Terms and Conditions to reflect the Commission’s revised procedures. CONTENTS OF THE FILING This filing is made in electronic format in compliance with Section 154.4 of the Commission’s regulations. The eTariff XML filing package contains: the proposed tariff records in RTF format with metadata attached this transmittal letter in PDF format a clean version of the proposed tariff records in PDF format for publishing in eLibrary a marked version of the proposed tariff records in PDF format for publishing in eLibrary a copy of the complete filing in PDF format for publishing in eLibrary IMPLEMENTATION Pursuant to Section 154.7(a)(9) of the Commission's regulations, FEP moves to place the proposed tariff records into effect on October 1, 2013, or at the end of any minimal suspension period that may be ordered by the Commission. FEP reserves the right to file a motion to place the tariff records into 1 Annual Charge Filing Procedures for Natural Gas Pipelines, Order No. 776, 142 FERC ¶ 61,209 (2013). 1300 Main Street | Houston, Texas 77002 | (713) 989-7000 Ms. Kimberly D. Bose, Secretary Federal Energy Regulatory Commission August 1, 2013 Page 2 effect at a later date in the event that the Commission does not approve the tariff records as filed and without condition. COMMUNICATIONS, PLEADINGS AND ORDERS FEP requests that all Commission orders and correspondence as well as pleadings and correspondence from other parties concerning this filing be served on each of the following: 2 Michael T. Langston Vice President Chief Regulatory Officer Fayetteville Express Pipeline LLC 1300 Main Street Houston, TX 77002 (713) 989-7610 (713) 989-1205 (Fax) [email protected] 2 Frazier King Associate General Counsel Fayetteville Express Pipeline LLC 1300 Main Street Houston, TX 77002 (713) 989-2132 (713) 989-1189 (Fax) [email protected] 23 Blair V. Lichtenwalter Sr. Director, Rates and Regulatory Affairs Fayetteville Express Pipeline LLC 1300 Main Street Houston, TX 77002 (713) 989-7670 (713) 989-1205 (Fax) [email protected] In accordance with Section 154.2(d) of the Commission's Regulations, a copy of this filing is available for public inspection during regular business hours at FEP's office at 1300 Main Street, Houston, Texas 77002. In addition, this filing is being served on jurisdictional customers and interested state regulatory agencies. FEP has posted a copy of this filing on its Internet web site accessible via http://www.energytransfer.com under “Informational Postings – Customer Activities, FEPTransfer, Regulatory". Pursuant to Section 385.2011(c)(5) of the Commission=s Regulations, the undersigned has read this filing and knows its contents, the contents are true as stated, to the best of his knowledge and belief, and possesses full power and authority to sign such filing. Respectfully submitted, Fayetteville Express Pipeline LLC /s/ Blair V. Lichtenwalter Blair V. Lichtenwalter Sr. Director, Rates and Regulatory Affairs 2 3 Designated to receive service pursuant to Rule 2010 of the Commission's Rules of Practice and Procedure. FEP respectfully requests that the Commission waive Rule 203(b)(3), 18 C.F.R. § 385.203(b)(3), in order to allow FEP to include additional representatives on the official service list. Designated as responsible Company official under Section 154.7(a)(2) of the Commission's Regulations. Part 4 – Currently Effective Rates 1. Rate Schedules FTS, ITS and HAT Version 3.0.0 Fayetteville Express Pipeline LLC FERC Gas Tariff First Revised Volume No. 1 CURRENTLY EFFECTIVE RATES FOR RATE SCHEDULES FTS AND ITS (RATES PER DTH) --------------------------------------------------------Maximum ------------ Minimum ------------- Rate Schedule FTS -----------------------Reservation Commodity (1) Overrun (1) $10.43 $ 0.0011 $ 0.3441 $0.00 $0.0011 $0.0011 Rate Schedule ITS -----------------------Commodity (1) Overrun (1) $ 0.3441 $ 0.3441 $0.0011 $0.0011 Rate Schedule HAT -----------------------Hub Point To or From Other Hub Area Points: Commodity (1) Overrun (1) $ 0.1721 $ 0.1721 $0.0006 $0.0006 Hub Area Receipts to Hub Area Deliveries (excluding Hub Point): Commodity (1) Overrun (1) $ 0.3441 $ 0.3441 $0.0011 $0.0011 ----------------------(1) Excludes the ACA unit rate applicable to Shippers pursuant to Section 35 of the General Terms and Conditions. For transactions under Rate Schedules FTS, ITS, and HAT, ACA shall not be charged on quantities delivered to the Hub Point. Filed On: August 1, 2013 Effective On: October 1, 2013 Fayetteville Express Pipeline LLC FERC Gas Tariff First Revised Volume No. 1 35. Part 6 - General Terms and Conditions 35. Annual Charge Adjustment (ACA) Surcharge Version 1.0.0 ANNUAL CHARGE ADJUSTMENT (ACA) SURCHARGE 35.1 PURPOSE This section of the General Terms and Conditions is filed pursuant to Section 154.402 and Subpart B of Part 382 of the Commission's Regulations under the Natural Gas Act (NGA) and the Natural Gas Policy Act of 1978. The intent and purpose of this section is to establish an Annual Charges Adjustment (ACA) provision under which FEP can recover from its customers annual charges assessed to it by the Commission pursuant to Part 382 of the Commission's Regulations. All amounts assessed pursuant to Part 382 of the Commission's Regulations shall be recorded in Account 928. FEP will not seek to recover annual charges assessed to it pursuant to Part 382 of the Commission's Regulations in an NGA Section 4 rate case. For the purpose of recovering annual charges assessed to FEP pursuant to Part 382 of the Commission's Regulations, this section establishes an ACA unit charge as set forth herein. 35.2 APPLICABILITY The ACA unit charge shall be applicable to all transportation transactions performed by FEP. 35.3 ACA UNIT CHARGE The ACA unit charge, as revised annually and posted on the Commission’s website located at http://www.ferc.gov, is incorporated by reference in FEP’s Tariff. The annual charges unit charge (ACA unit charge) is stated on the Commission’s website under “Natural Gas, Annual Charges, FY [Year] Gas Annual Charges Correction for Annual Charges Unit Charge.” The ACA unit charge shall be applied to the commodity component of rates. 35.4 EFFECTIVE DATE OF CHARGES The ACA unit charge is restated to be effective each October 1 on the first day of the Commission’s fiscal year. Filed On: August 1, 2013 Effective On: October 1, 2013 MARKED VERSION Part 4 – Currently Effective Rates 1. Rate Schedules FTS, ITS and HAT Version 3.0.0 Fayetteville Express Pipeline LLC FERC Gas Tariff First Revised Volume No. 1 CURRENTLY EFFECTIVE RATES FOR RATE SCHEDULES FTS AND ITS (RATES PER DTH) --------------------------------------------------------Maximum -----------Rate Schedule FTS -----------------------Reservation Commodity (1) Overrun (1) Rate Schedule ITS -----------------------Commodity (1) Overrun (1) $10.43 $ 0.3441 Minimum ------------- $0.00 $ 0.0011 $0.0011 $ 0.3441 $ 0.3441 $0.0011 $0.0011 $0.0011 Rate Schedule HAT -----------------------Hub Point To or From Other Hub Area Points: Commodity (1) Overrun (1) $ 0.1721 $ 0.1721 $0.0006 $0.0006 Hub Area Receipts to Hub Area Deliveries (excluding Hub Point): Commodity (1) Overrun (1) $ 0.3441 $ 0.3441 $0.0011 $0.0011 $0.0018 $0.0018 ACA Surcharge 1/ ----------------------Unit Charge Pursuant to Section 35 of the General Terms and Conditions ----------------------1/(1) Under the Commission's current Regulations, an ACA Charge will become effective on October 1st following assessment of ACA charges by the Commission.Excludes the ACA unit rate applicable to Shippers pursuant to Section 35 of the General Terms and Conditions. For transactions under Rate Schedules FTS, ITS, and HAT, ACA Filed On: August 1, 2013 Effective On: October 1, 2013 Fayetteville Express Pipeline LLC FERC Gas Tariff First Revised Volume No. 1 Part 4 – Currently Effective Rates 1. Rate Schedules FTS, ITS and HAT Version 3.0.0 shall not be charged on quantities delivered to the Hub Point. Filed On: August 1, 2013 Effective On: October 1, 2013 Fayetteville Express Pipeline LLC FERC Gas Tariff First Revised Volume No. 1 35. Part 6 - General Terms and Conditions 35. Annual Charge Adjustment (ACA) Surcharge Version 1.0.0 ANNUAL CHARGE ADJUSTMENT (ACA) SURCHARGE 35.1 PURPOSE This section of the General Terms and Conditions is filed pursuant to Section 154.402 and Subpart B of Part 382 of the Commission's Regulations under the Natural Gas Act (NGA) and the Natural Gas Policy Act of 1978. The intent and purpose of this section is to establish an Annual Charges Adjustment (ACA) provision under which FEP can recover from its customers annual charges assessed to it by the Commission pursuant to Part 382 of the Commission's Regulations (ACA Cost). All amounts assessed pursuant to Part 382 of the Commission's Regulations shall be recorded in Account 928. FEP will not seek to recover annual charges assessed to it pursuant to Part 382 of the Commission's Regulations in an NGA Section 4 rate case. For the purpose of recovering annual charges assessed to FEP pursuant to Part 382 of the Commission's Regulations, this section establishes an ACA surchargeunit charge as set forth in the Currently Effective Rates section of this Tariffherein. 35.2 APPLICABILITY The ACA surcharge unit charge shall be applicable to all transportation transactions performed by FEP. 35.3 BASIS OF THE ACA SURCHARGEUNIT CHARGE The rates for all transactions specified in Section 35.2 hereof shall be adjusted by a unit charge to recover ACA Cost. Such unit charge shall be that increment, adjusted to FEP's pressure base and Heating Value, if required, which has been established by the Commission. The ACA unit charge, as revised annually and posted on the Commission’s website located at http://www.ferc.gov, is incorporated by reference in FEP’s Tariff. The annual charges unit charge (ACA unit charge) is stated on the Commission’s website under “Natural Gas, Annual Charges, FY [Year] Gas Annual Charges Correction for Annual Charges Unit Charge.” The ACA unit charge shall be applied to the commodity component of rates. 35.4 FILING PROCEDURE The ACA surcharge shall be filed annually by FEP at least thirty (30) days prior to the effective date of charge, as defined in Section 35.5 below. Any such filing shall become effective on the effective date of charges hereunder without suspension or refund obligation. 35.5 EFFECTIVE DATE OF CHARGES The effective date of charges filed pursuant to this section shall be October 1. The ACA unit charge is restated to be effective each October 1 on the first day of the Commission’s fiscal year. Filed On: August 1, 2013 Effective On: October 1, 2013
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