FERC Found Enterprise TE Products’ Screening of Potential Candidates for Seymour Lateral Extension Project Violated Open Season Rules

摘要

On 8/1/13, FERC granted Enterprise TE Products Pipeline Co. LLC (OR13-20) approval of priority service, the tariff rate structure, and service request allocation methodology for its proposed Seymour Lateral Extension Project, but subject to certain conditions. FERC faulted Enterprise TE’s open season for this project. According to the order, Enterprise TE’s arguments that it was appropriate to essentially “screen” potential shippers and only send information to those deemed by the pipeline to be “bona fide interested parties” who “established they were legitimate shippers” is contrary to precedent as well as the statutory mandates of the Interstate Commerce Act (ICA).