Carriers on TAPS Take A Shot At Filing Deadline In Attempt to Quash Flint Hills’ Complaint Faulting the Quality Bank Resid Formula

摘要

A back and forth debate continues in the FERC complaint proceeding initiated with a filing on 8/20/13, Flint Hills Resources Alaska, LLC v BP Pipelines (Alaska) (OR13-31), once again targeting the Quality Bank Resid formula administered by “Carriers” (including the other owners ConocoPhillips Transportation Alaska, Inc. and ExxonMobil Pipeline Co.) on the Trans Alaska Pipeline System (TAPS). Flint Hill’s complaint purportedly demonstrates that since 2009 the existing QB Formula continuously up to the present produced results that are unjust and unreasonable and demonstrates that the inequity will persist into the future unless the Commission takes action. Exxon Mobil Corp. recently cited “erroneous or misguided legal arguments” contained in an answer filed earlier this month by Flint Hills (FHR). ExxonMobil urged FERC to reject FHR’s “attempt to evade the plain language of … the Motor Carrier Safety Reauthorization Act of 2005 (MCSRA) – and the two-year time limitation for filing Quality Bank claims therein.” The TAPS co-owner insisted that the Commission should dismiss FHR’s untimely complaint.