81 FR 39049 - Energy Transfer Equity, L.P. and The Williams Companies, Inc.; Analysis To Aid Public Comment
FEDERAL TRADE COMMISSION Federal Register Volume 81, Issue 115 (June 15, 2016)
Federal Register Volume 81, Issue 115 (June 15, 2016)
| Page Range | 39049-39052 | |
| FR Document | 2016-14092 |
[Federal Register Volume 81, Number 115 (Wednesday, June 15, 2016)] [Notices] [Pages 39049-39052] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-14092] ----------------------------------------------------------------------- FEDERAL TRADE COMMISSION [File No. 151 0172] Energy Transfer Equity, L.P. and The Williams Companies, Inc.; Analysis To Aid Public Comment AGENCY: Federal Trade Commission. ACTION: Proposed consent agreement. ----------------------------------------------------------------------- SUMMARY: The consent agreement in this matter settles alleged violations of federal law prohibiting unfair methods of competition. The attached Analysis to Aid Public Comment describes both the allegations in the complaint and the terms of the consent orders-- embodied in the consent agreement--that would settle these allegations. DATES: Comments must be received on or before July 11, 2016. ADDRESSES: Interested parties may file a comment at https://ftcpublic.commentworks.com/ftc/energytransferequityconsent online or on paper, by following the instructions in the Request for Comment part of the SUPPLEMENTARY INFORMATION section below. Write ``In the Matter of Energy Transfer Equity, L.P.,--Consent Agreement; File No. 151 0172'' on your comment and file your comment online at https://ftcpublic.commentworks.com/ftc/energytransferequityconsent by following the instructions on the web-based form. If you prefer to file your comment on paper, write ``In the Matter of Energy Transfer Equity, L.P.,--Consent Agreement; File No. 151 0172'' on your comment and on the envelope, and mail your comment to the following address: Federal Trade Commission, Office of the Secretary, 600 Pennsylvania Avenue NW., Suite CC-5610 (Annex D), Washington, DC 20580, or deliver your comment to the [[Page 39050]] following address: Federal Trade Commission, Office of the Secretary, Constitution Center, 400 7th Street SW., 5th Floor, Suite 5610 (Annex D), Washington, DC 20024. FOR FURTHER INFORMATION CONTACT: Brian J. Telpner (202-326-2782), Bureau of Competition, 600 Pennsylvania Avenue NW., Washington, DC 20580. SUPPLEMENTARY INFORMATION: Pursuant to Section 6(f) of the Federal Trade Commission Act, 15 U.S.C. 46(f), and FTC Rule 2.34, 16 CFR 2.34, notice is hereby given that the above-captioned consent agreement containing consent orders to cease and desist, having been filed with and accepted, subject to final approval, by the Commission, has been placed on the public record for a period of thirty (30) days. The following Analysis to Aid Public Comment describes the terms of the consent agreement, and the allegations in the complaint. An electronic copy of the full text of the consent agreement package can be obtained from the FTC Home Page (for June 9, 2016), on the World Wide Web, at http://www.ftc.gov/os/actions.shtm. You can file a comment online or on paper. For the Commission to consider your comment, we must receive it on or before July 11, 2016. Write ``In the Matter of Energy Transfer Equity, L.P.,--Consent Agreement; File No. 151 0172'' on your comment. Your comment--including your name and your state--will be placed on the public record of this proceeding, including, to the extent practicable, on the public Commission Web site, at http://www.ftc.gov/os/publiccomments.shtm. As a matter of discretion, the Commission tries to remove individuals' home contact information from comments before placing them on the Commission Web site. Because your comment will be made public, you are solely responsible for making sure that your comment does not include any sensitive personal information, like anyone's Social Security number, date of birth, driver's license number or other state identification number or foreign country equivalent, passport number, financial account number, or credit or debit card number. You are also solely responsible for making sure that your comment does not include any sensitive health information, like medical records or other individually identifiable health information. In addition, do not include any ``[t]rade secret or any commercial or financial information which . . . is privileged or confidential,'' as discussed in Section 6(f) of the FTC Act, 15 U.S.C. 46(f), and FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2). In particular, do not include competitively sensitive information such as costs, sales statistics, inventories, formulas, patterns, devices, manufacturing processes, or customer names. If you want the Commission to give your comment confidential treatment, you must file it in paper form, with a request for confidential treatment, and you have to follow the procedure explained in FTC Rule 4.9(c), 16 CFR 4.9(c).\1\ Your comment will be kept confidential only if the FTC General Counsel, in his or her sole discretion, grants your request in accordance with the law and the public interest. --------------------------------------------------------------------------- \1\ In particular, the written request for confidential treatment that accompanies the comment must include the factual and legal basis for the request, and must identify the specific portions of the comment to be withheld from the public record. See FTC Rule 4.9(c), 16 CFR 4.9(c). --------------------------------------------------------------------------- Postal mail addressed to the Commission is subject to delay due to heightened security screening. As a result, we encourage you to submit your comments online. To make sure that the Commission considers your online comment, you must file it at https://ftcpublic.commentworks.com/ftc/energytransferequityconsent by following the instructions on the web-based form. If this Notice appears at http://www.regulations.gov/#!home, you also may file a comment through that Web site. If you file your comment on paper, write ``In the Matter of Energy Transfer Equity, L.P.,--Consent Agreement; File No. 151 0172'' on your comment and on the envelope, and mail your comment to the following address: Federal Trade Commission, Office of the Secretary, 600 Pennsylvania Avenue NW., Suite CC-5610 (Annex D), Washington, DC 20580, or deliver your comment to the following address: Federal Trade Commission, Office of the Secretary, Constitution Center, 400 7th Street SW., 5th Floor, Suite 5610 (Annex D), Washington, DC 20024. If possible, submit your paper comment to the Commission by courier or overnight service. Visit the Commission Web site at http://www.ftc.gov to read this Notice and the news release describing it. The FTC Act and other laws that the Commission administers permit the collection of public comments to consider and use in this proceeding as appropriate. The Commission will consider all timely and responsive public comments that it receives on or before July 11, 2016. You can find more information, including routine uses permitted by the Privacy Act, in the Commission's privacy policy, at http://www.ftc.gov/ftc/privacy.htm. Analysis of Agreement Containing Consent Orders To Aid Public Comment I. Introduction The Federal Trade Commission (``Commission'') has accepted, subject to final approval, an Agreement Containing Consent Orders (``Consent Agreement'') with Energy Transfer Equity, L.P. (``ETE'') and The Williams Company, Inc. (``Williams''). The Consent Agreement is designed to remedy the anticompetitive effects that would likely result from ETE's proposed acquisition of Williams. Under the terms of the proposed Decision and Order (``Order'') contained in the Consent Agreement, ETE must divest to a Commission- approved buyer Williams' ownership interest in Gulfstream Natural Gas System L.L.C. (``Gulfstream''), an interstate natural gas pipeline serving peninsular (central and southern) Florida. The Order also addresses competitive concerns arising from ETE's post-merger control over a Williams pipeline segment that serves as the origin for a new interstate pipeline that will begin serving Florida in 2017. The Order maintains the premerger bargaining position of the new pipeline to negotiate future capacity expansions over the Williams pipeline segment. The Commission has placed the Consent Agreement on the public record for 30 days to solicit comments from interested persons. Comments received during this period will become part of the public record. After 30 days, the Commission will again review the Consent Agreement and the comments received, and will decide whether it should withdraw from the Consent Agreement, modify it, or make the Order final. II. The Parties and Other Entities A. ETE ETE is a master limited partnership controlling a family of companies that own and operate approximately 71,000 miles of natural gas, natural gas liquids, refined products, and crude oil pipelines. ETE has a 50 percent ownership interest in Florida Gas Transmission LLC (``FGT''), one of two interstate pipelines currently transporting natural gas to peninsular Florida. B. Williams Williams is an energy infrastructure company focusing primarily on natural gas and natural gas liquids infrastructure assets in North America. [[Page 39051]] Its major holdings include natural gas transportation, gathering, treating, and processing assets in multiple natural gas-producing areas. Williams has a 50 percent ownership interest in Gulfstream, which is the other interstate pipeline currently transporting natural gas to peninsular Florida. Williams is also the sole owner of Transcontinental Gas Pipe Line Company, LLC (``Transco''), a large interstate pipeline system that extends from Texas, Louisiana, and the offshore Gulf of Mexico through the Atlantic seaboard and into the New York metropolitan area. C. Sabal Trail Sabal Trail Transmission, LLC (``Sabal Trail'') is a new interstate pipeline that will begin transporting natural gas to parts of peninsular Florida in May 2017. Sabal Trail's sole access to natural gas sources will be via a leased segment on the Williams-owned Transco system. Sabal Trail and Transco are parties to a capacity lease agreement whereby Transco has agreed to expand the leased segment on its system in several phases--with each phase to provide a specific amount of new pipeline capacity--to support Sabal Trail's operations in peninsular Florida. III. The Proposed Acquisition ETE and several affiliates under its control entered into a merger agreement with Williams, dated September 28, 2015, pursuant to which Williams will be merged with and into Energy Transfer Corp LP, a newly created ETE affiliate that will survive the merger (the ``Acquisition''). The combined entity will become the third largest energy company in North America, with a geographically diverse asset portfolio used in the transportation, processing, and storage of natural gas and natural gas liquids. The Commission's Complaint alleges that the Acquisition, if consummated, would violate Section 7 of the Clayton Act, as amended, 15 U.S.C. 18, and Section 5 of the Federal Trade Commission Act, as amended, 15 U.S.C. 45, by substantially lessening competition for the firm transportation of natural gas by interstate pipeline to locations in peninsular Florida. IV. The Relevant Markets Florida's largest natural gas shippers are electric power generation utilities, which use natural gas to generate electricity for distribution to Florida consumers and businesses. These shippers depend on the efficient, reliable, and cost-effective transportation of natural gas via interstate pipelines because Florida has virtually no in-state natural gas production and no natural gas storage. The Commission's Complaint alleges that the relevant product market within which to analyze the Acquisition is the firm transportation of natural gas by interstate pipeline. Firm pipeline transportation guarantees shippers the right to a certain amount of pipeline capacity, which generally is not subject to interruption or curtailment by the pipeline. Because Florida natural gas shippers, especially electric utilities, require a constant and reliable source of natural gas, they could not meaningfully substitute non-firm transportation services even if the cost of firm pipeline transportation were to increase. The Commission's Complaint alleges that the relevant geographic market in which to assess the competitive effects of the Acquisition is peninsular Florida, which includes pipeline delivery points in central and southern Florida. Market concentration will significantly increase because of the Acquisition. Many natural gas delivery points in peninsular Florida are connected to (or reasonably can connect to) both FGT and Gulfstream. For shippers located at these delivery points, the Acquisition results in a pipeline monopoly. A small number of delivery points connect to (or reasonably can connect to) FGT, Gulfstream, and--by May 2017--Sabal Trail. For shippers located at these delivery points, the merger reduces competitive alternatives from three to two. V. Effects of the Acquisition The Acquisition likely would substantially lessen competition for the provision of firm natural gas pipeline transportation to delivery points in peninsular Florida. The Acquisition would eliminate competition between FGT and Gulfstream that historically has enabled Florida shippers to obtain lower transportation rates and better terms of service. Absent the Acquisition, competition between FGT and Gulfstream likely would continue to allow Florida shippers to negotiate better rates and non-price terms. In addition, the Acquisition likely will change the incentives of Transco's owner to accommodate future capacity expansions of Sabal Trail via Transco. FGT can add relatively small amounts of capacity to its system more cost-effectively than can Gulfstream. Moreover, FGT's pipeline system overlaps with the proposed Sabal Trail system more extensively than does Gulfstream's system. If Sabal Trail cannot expand its capacity, shippers who cannot obtain new capacity on Sabal Trail will more likely turn to FGT for that capacity than to Gulfstream. Thus, unlike Williams, which had little or no incentive to deny Sabal Trail additional volumes on Transco, ETE will have an incentive to forestall expansions on Sabal Trail in order to capture those expansions on FGT. VI. Entry Conditions Entry into the relevant markets would not be timely, likely, or sufficient to deter or counteract the anticompetitive effects arising from the Acquisition. Barriers to entry are significant and include the high capital costs of constructing a new interstate pipeline and the substantial time needed to design, permit, and construct a new pipeline system. Moreover, constructing a new pipeline system would require commitments from shippers based on significant new market demand for natural gas. Such market demand is unlikely to accumulate for the foreseeable future. VII. The Agreement Containing Consent Order The proposed Order resolves the anticompetitive concerns described above by requiring ETE to divest Williams' ownership interest in Gulfstream and by restoring Sabal Trail's premerger bargaining power to negotiate future capacity expansions on Transco. To preserve competition between FGT and Gulfstream, the proposed Order requires that, within 180 days of closing the Acquisition, ETE must divest Williams' 50 percent interest in Gulfstream to a Commission-approved buyer. Post-closing divestiture is appropriate because this ownership interest is a high-value, low-risk asset likely to generate substantial interest among more than one potentially acceptable buyer. Under the terms of the Order to Maintain Assets contained in the Consent Agreement, ETE must maintain Gulfstream in substantially similar condition until the divestiture process is complete, thereby preserving Gulfstream as a viable, competitive, and marketable asset. Any acquirer of Williams' ownership interest in Gulfstream must receive prior approval from the Commission. The Commission's goal in evaluating possible purchasers of divested assets is to maintain the competitive environment that existed prior to the acquisition. A proposed acquirer of divested assets must not itself present competitive problems. The proposed Order also preserves Sabal Trail's future competitiveness by [[Page 39052]] ensuring Sabal Trail's ability to negotiate additional Transco expansions. First, the proposed Order incorporates the capacity lease agreement between Transco and Sabal Trail, which reflects terms Transco and Sabal Trail reached when an independent and motivated commercial partner owned Transco. The proposed Order gives Sabal Trail additional flexibility and optionality in obtaining the phased capacity expansions already contemplated by the capacity lease agreement. The proposed Order terminates twelve years after it issues, in order to cover the entirety of ETE's obligations for the expansions currently outlined in the capacity lease agreement. Second, the Order requires that, within one year of the closing of the Acquisition, ETE offer to amend the capacity lease agreement to allow Sabal Trail to request expansions for as long as an additional eight years after the last expansion currently in the capacity lease agreement. These provisions ensure that Sabal Trail has the same future expansion opportunities as would have existed if an independent Williams continued to own Transco. ETE must offer future expansions on the same terms and conditions that Transco negotiated as an independent entity. For each requested expansion, ETE must inform Sabal Trail of the estimated expansion cost, using the same methodology for each that Transco uses in its normal course of business. ETE then is obligated to expand Transco as requested by Sabal Trail. However, to prevent Sabal Trail from requesting cost-prohibitive expansions--expansions that an independent Williams would not have agreed to--ETE retains the right to require Sabal Trail to pay for the capital costs of the expansion, in which case ETE would not charge Sabal Trail a lease fee for that particular expanded capacity. The proposed Order does not obligate ETE to expand Transco if Sabal Trail does not have (or has not secured pre-construction commitments from shippers for) sufficient capacity to use the expansion to serve Florida. The Acquisition does not change the incentives of Transco's owner to deny capacity expansions to serve areas outside of Florida. Thus, without this limitation, the proposed Order could give Sabal Trail expansion rights it would have been unable to negotiate from an independent Transco. The Commission does not intend this analysis to constitute an official interpretation of the proposed Order or to modify its terms in any way. By direction of the Commission. Donald S. Clark, Secretary. [FR Doc. 2016-14092 Filed 6-14-16; 8:45 am] BILLING CODE 6750-01-P
![Federal Register / Vol. 81, No. 115 / Wednesday, June 15, 2016 / Notices 39049
permitted by the Privacy Act, in the were communicating directly with their requires Practice Fusion to retain
Commission’s privacy policy, at http:// doctors, and did not intend for their documents relating to its compliance
www.ftc.gov/ftc/privacy.htm. feedback to be posted publicly. with the order for a five-year period.
The Commission’s proposed Part VII mandates that Practice Fusion
Analysis of Proposed Consent Order To complaint alleges that Practice Fusion make available to the FTC information
Aid Public Comment violated Section 5(a) of the Federal or subsequent compliance reports, as
The Federal Trade Commission Trade Commission Act from April 2012 requested. Part VIII is a provision
(‘‘Commission’’) has accepted, subject to through April 2013 by failing to ‘‘sunsetting’’ the order after twenty (20)
final approval, an agreement containing adequately disclose that survey years, with certain exceptions.
a consent order from Practice Fusion, responses would be made publicly The purpose of this analysis is to aid
Inc. (‘‘Practice Fusion’’). available on Patient Fusion’s healthcare public comment on the proposed order.
The proposed consent order has been provider review Web site. This fact, It is not intended to constitute an
placed on the public record for thirty according to the proposed complaint, official interpretation of the complaint
(30) days for receipt of comments by would be material to consumers in or proposed order, or to modify in any
interested persons. Comments received deciding whether or how to respond to way the proposed order’s terms.
during this period will become part of the survey. The Commission’s
the public record. After thirty (30) days, By direction of the Commission.
complaint alleges that Practice Fusion’s
the Commission will again review the Donald S. Clark,
failure to adequately disclose this
agreement and the comments received, material information is a deceptive act Secretary.
and will decide whether it should or practice in violation of Section 5. [FR Doc. 2016–14091 Filed 6–14–16; 8:45 am]
withdraw from the agreement or make The proposed order contains BILLING CODE 6750–01–P
final the agreement’s proposed order. provisions designed to prevent Practice
Since 2007, Practice Fusion has Fusion from engaging in the same or
provided services for healthcare similar acts or practices in the future. FEDERAL TRADE COMMISSION
providers. Since 2007, its core service Part I of the proposed order prohibits [File No. 151 0172]
has been a cloud-based electronic health Practice Fusion from misrepresenting
record (‘‘EHR’’) that allows healthcare the extent to which it uses, maintains, Energy Transfer Equity, L.P. and The
providers in the ambulatory/out-patient and protects the privacy and Williams Companies, Inc.; Analysis To
setting to store and utilize health confidentiality of any covered Aid Public Comment
information. In 2009, Practice Fusion information, including the extent to
launched the Patient Fusion Web site, which covered information is made AGENCY: Federal Trade Commission.
www.patientfusion.com (‘‘Patient publicly available. ACTION: Proposed consent agreement.
Fusion’’), with an online portal that Part II of the proposed order requires
allows patients, who have been granted SUMMARY: The consent agreement in this
Practice Fusion, prior to making any
access by their healthcare providers, to matter settles alleged violations of
consumer’s covered information
view, download, and transmit to other federal law prohibiting unfair methods
publicly available, to (A) clearly and
providers their health information and of competition. The attached Analysis to
conspicuously disclose to the consumer,
send and receive secure messages Aid Public Comment describes both the
separate and apart from ‘‘privacy
directly to their providers. policy,’’ ‘‘terms of use’’ page, or similar allegations in the complaint and the
Practice Fusion planned to launch a document, that such information is terms of the consent orders—embodied
public-facing healthcare provider being made publicly available; and (B) in the consent agreement—that would
directory portion of the Patient Fusion obtain the consumer’s affirmative settle these allegations.
Web site in 2013. The directory would, express consent. DATES: Comments must be received on
among other things, allow current and Part III of the proposed order or before July 11, 2016.
prospective patients to read patient prohibits Practice Fusion from ADDRESSES: Interested parties may file a
reviews of providers. To populate this displaying any healthcare provider comment at https://
Web site with reviews, starting on April review information obtained from ftcpublic.commentworks.com/ftc/
5, 2012, Practice Fusion sent emails to consumers between April 5, 2012 and energytransferequityconsent online or
the patients of its healthcare provider April 8, 2013. Part III of the proposed on paper, by following the instructions
clients soliciting those patients to take order also prohibits Practice Fusion in the Request for Comment part of the
surveys to rate and review their from maintaining such information, SUPPLEMENTARY INFORMATION section
provider. The email—and the survey except for review and retrieval by its below. Write ‘‘In the Matter of Energy
itself—suggested that the health care healthcare provider customers, or their Transfer Equity, L.P.,—Consent
provider was directly seeking the survey respective agents, contractors, assigns, Agreement; File No. 151 0172’’ on your
responses to improve the consumer’s or as permitted to comply with comment and file your comment online
experience on future visits. Neither the applicable law, regulation, or legal at https://ftcpublic.commentworks.com/
email nor the survey clearly indicated process. ftc/energytransferequityconsent by
that the reviews would be posted Parts IV through VIII of the proposed following the instructions on the web-
publicly. Practice Fusion solicited order are reporting and compliance based form. If you prefer to file your
reviews for a full year—collecting provisions. Part IV requires comment on paper, write ‘‘In the Matter
information from over 600,000 patients acknowledgment of the order and of Energy Transfer Equity, L.P.,—
during that time—before launching the dissemination of the order now and in Consent Agreement; File No. 151 0172’’
ehiers on DSK5VPTVN1PROD with NOTICES
review service on April 8, 2013, at the future to persons with supervisory on your comment and on the envelope,
which time all of the reviews previously responsibilities relating to the subject and mail your comment to the following
collected were posted publicly on the matter of the order. Part V ensures address: Federal Trade Commission,
Internet. Many of the reviews contained notification to the FTC of changes in Office of the Secretary, 600
highly sensitive information, combined corporate status and mandates that Pennsylvania Avenue NW., Suite CC–
with identifying information, indicating Practice Fusion submit an initial 5610 (Annex D), Washington, DC 20580,
that many patients likely thought they compliance report to the FTC. Part VI or deliver your comment to the
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following address: Federal Trade 46(f), and FTC Rule 4.10(a)(2), 16 CFR Commission’s privacy policy, at http://
Commission, Office of the Secretary, 4.10(a)(2). In particular, do not include www.ftc.gov/ftc/privacy.htm.
Constitution Center, 400 7th Street SW., competitively sensitive information
Analysis of Agreement Containing
5th Floor, Suite 5610 (Annex D), such as costs, sales statistics,
Consent Orders To Aid Public Comment
Washington, DC 20024. inventories, formulas, patterns, devices,
FOR FURTHER INFORMATION CONTACT: manufacturing processes, or customer I. Introduction
Brian J. Telpner (202–326–2782), names. The Federal Trade Commission
Bureau of Competition, 600 If you want the Commission to give (‘‘Commission’’) has accepted, subject to
Pennsylvania Avenue NW., Washington, your comment confidential treatment, final approval, an Agreement
DC 20580. you must file it in paper form, with a Containing Consent Orders (‘‘Consent
request for confidential treatment, and Agreement’’) with Energy Transfer
SUPPLEMENTARY INFORMATION: Pursuant
you have to follow the procedure Equity, L.P. (‘‘ETE’’) and The Williams
to Section 6(f) of the Federal Trade
explained in FTC Rule 4.9(c), 16 CFR Company, Inc. (‘‘Williams’’). The
Commission Act, 15 U.S.C. 46(f), and
4.9(c).1 Your comment will be kept Consent Agreement is designed to
FTC Rule 2.34, 16 CFR 2.34, notice is
confidential only if the FTC General remedy the anticompetitive effects that
hereby given that the above-captioned
Counsel, in his or her sole discretion, would likely result from ETE’s proposed
consent agreement containing consent
grants your request in accordance with acquisition of Williams.
orders to cease and desist, having been
the law and the public interest. Under the terms of the proposed
filed with and accepted, subject to final Postal mail addressed to the
approval, by the Commission, has been Decision and Order (‘‘Order’’) contained
Commission is subject to delay due to
placed on the public record for a period in the Consent Agreement, ETE must
heightened security screening. As a
of thirty (30) days. The following divest to a Commission-approved buyer
result, we encourage you to submit your
Analysis to Aid Public Comment Williams’ ownership interest in
comments online. To make sure that the
describes the terms of the consent Gulfstream Natural Gas System L.L.C.
Commission considers your online
agreement, and the allegations in the (‘‘Gulfstream’’), an interstate natural gas
comment, you must file it at https://
complaint. An electronic copy of the pipeline serving peninsular (central and
ftcpublic.commentworks.com/ftc/
full text of the consent agreement southern) Florida. The Order also
energytransferequityconsent by
package can be obtained from the FTC addresses competitive concerns arising
following the instructions on the web-
Home Page (for June 9, 2016), on the based form. If this Notice appears at from ETE’s post-merger control over a
World Wide Web, at http://www.ftc.gov/ http://www.regulations.gov/#!home, you Williams pipeline segment that serves
os/actions.shtm. also may file a comment through that as the origin for a new interstate
You can file a comment online or on Web site. pipeline that will begin serving Florida
paper. For the Commission to consider If you file your comment on paper, in 2017. The Order maintains the
your comment, we must receive it on or write ‘‘In the Matter of Energy Transfer premerger bargaining position of the
before July 11, 2016. Write ‘‘In the Equity, L.P.,—Consent Agreement; File new pipeline to negotiate future
Matter of Energy Transfer Equity, L.P.,— No. 151 0172’’ on your comment and on capacity expansions over the Williams
Consent Agreement; File No. 151 0172’’ the envelope, and mail your comment to pipeline segment.
on your comment. Your comment— the following address: Federal Trade The Commission has placed the
including your name and your state— Commission, Office of the Secretary, Consent Agreement on the public record
will be placed on the public record of 600 Pennsylvania Avenue NW., Suite for 30 days to solicit comments from
this proceeding, including, to the extent CC–5610 (Annex D), Washington, DC interested persons. Comments received
practicable, on the public Commission 20580, or deliver your comment to the during this period will become part of
Web site, at http://www.ftc.gov/os/ following address: Federal Trade the public record. After 30 days, the
publiccomments.shtm. As a matter of Commission, Office of the Secretary, Commission will again review the
discretion, the Commission tries to Constitution Center, 400 7th Street SW., Consent Agreement and the comments
remove individuals’ home contact 5th Floor, Suite 5610 (Annex D), received, and will decide whether it
information from comments before Washington, DC 20024. If possible, should withdraw from the Consent
placing them on the Commission Web submit your paper comment to the Agreement, modify it, or make the Order
site. Commission by courier or overnight final.
Because your comment will be made service. II. The Parties and Other Entities
public, you are solely responsible for Visit the Commission Web site at
making sure that your comment does http://www.ftc.gov to read this Notice A. ETE
not include any sensitive personal and the news release describing it. The ETE is a master limited partnership
information, like anyone’s Social FTC Act and other laws that the controlling a family of companies that
Security number, date of birth, driver’s Commission administers permit the own and operate approximately 71,000
license number or other state collection of public comments to miles of natural gas, natural gas liquids,
identification number or foreign country consider and use in this proceeding as refined products, and crude oil
equivalent, passport number, financial appropriate. The Commission will pipelines. ETE has a 50 percent
account number, or credit or debit card consider all timely and responsive ownership interest in Florida Gas
number. You are also solely responsible public comments that it receives on or Transmission LLC (‘‘FGT’’), one of two
for making sure that your comment does before July 11, 2016. You can find more interstate pipelines currently
not include any sensitive health information, including routine uses transporting natural gas to peninsular
ehiers on DSK5VPTVN1PROD with NOTICES
information, like medical records or permitted by the Privacy Act, in the Florida.
other individually identifiable health
information. In addition, do not include 1 In particular, the written request for confidential B. Williams
any ‘‘[t]rade secret or any commercial or treatment that accompanies the comment must Williams is an energy infrastructure
include the factual and legal basis for the request,
financial information which . . . is and must identify the specific portions of the
company focusing primarily on natural
privileged or confidential,’’ as discussed comment to be withheld from the public record. See gas and natural gas liquids
in Section 6(f) of the FTC Act, 15 U.S.C. FTC Rule 4.9(c), 16 CFR 4.9(c). infrastructure assets in North America.
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ensuring Sabal Trail’s ability to By direction of the Commission. will be posted without change to http://
negotiate additional Transco Donald S. Clark, www.regulations.gov, including any
expansions. First, the proposed Order Secretary. personal and/or business confidential
incorporates the capacity lease [FR Doc. 2016–14092 Filed 6–14–16; 8:45 am] information provided. To confirm
agreement between Transco and Sabal BILLING CODE 6750–01–P
receipt of your comment(s), please
Trail, which reflects terms Transco and check www.regulations.gov,
Sabal Trail reached when an approximately two to three days after
independent and motivated commercial DEPARTMENT OF DEFENSE submission to verify posting (except
partner owned Transco. The proposed allow 30 days for posting of comments
Order gives Sabal Trail additional GENERAL SERVICES submitted by mail).
flexibility and optionality in obtaining ADMINISTRATION FOR FURTHER INFORMATION CONTACT: Mr.
the phased capacity expansions already Curtis E. Glover, Sr., Procurement
contemplated by the capacity lease NATIONAL AERONAUTICS AND Analyst, Office of Acquisition Policy, by
agreement. The proposed Order SPACE ADMINISTRATION telephone at 202–501–1448 or
terminates twelve years after it issues, in curtis.glover@gsa.gov.
order to cover the entirety of ETE’s [OMB Control No. 9000–0056; Docket 2016–
0053; Sequence 23] SUPPLEMENTARY INFORMATION:
obligations for the expansions currently
outlined in the capacity lease Information Collection; Report of A. Purpose
agreement. Shipment Per FAR 47.208, military (and, as
Second, the Order requires that, required, civilian agency) storage and
within one year of the closing of the AGENCY: Department of Defense (DOD), distribution points, depots, and other
Acquisition, ETE offer to amend the General Services Administration (GSA), receiving activities require advance
capacity lease agreement to allow Sabal and National Aeronautics and Space notice of shipments en-route from
Trail to request expansions for as long Administration (NASA). contractors’ plants. Generally, this
as an additional eight years after the last ACTION: Notice of request for public notification is required only for
expansion currently in the capacity comments regarding an extension of an classified material; sensitive, controlled,
lease agreement. These provisions existing OMB clearance. and certain other protected material;
ensure that Sabal Trail has the same explosives, and some other hazardous
future expansion opportunities as SUMMARY: Under the provisions of the
materials; selected shipments requiring
would have existed if an independent Paperwork Reduction Act, the
movement control; or minimum carload
Williams continued to own Transco. Regulatory Secretariat Division will be
or truckload shipments. It facilitates
ETE must offer future expansions on submitting to the Office of Management
arrangements for transportation control,
the same terms and conditions that and Budget (OMB) a request to review
labor, space, and use of materials
Transco negotiated as an independent and approve an extension of a
handling equipment at destination.
entity. For each requested expansion, previously approved information
Also, timely receipt of notices by the
ETE must inform Sabal Trail of the collection requirement concerning
consignee transportation office
estimated expansion cost, using the report of shipment.
precludes the incurring of demurrage
same methodology for each that Transco DATES: Submit comments on or before and vehicle detention charges. Unless
uses in its normal course of business. August 15, 2016. otherwise directed by a contracting
ETE then is obligated to expand Transco ADDRESSES: Submit comments officer, a contractor shall send the
as requested by Sabal Trail. However, to identified by Information Collection notice to the consignee transportation
prevent Sabal Trail from requesting 9000–0056, Report of Shipment, by any office at least twenty-four hours before
cost-prohibitive expansions— of the following methods: the arrival of the shipment.
expansions that an independent • Regulations.gov: http://
Williams would not have agreed to— www.regulations.gov. B. Annual Reporting Burden
ETE retains the right to require Sabal Submit comments via the Federal Respondents: 33.
Trail to pay for the capital costs of the eRulemaking portal by searching the Responses per Respondent: 303.
expansion, in which case ETE would OMB control number. Select the link Annual Responses: 9,999.
not charge Sabal Trail a lease fee for that ‘‘Submit a Comment’’ that corresponds Hours per Response: .167.
particular expanded capacity. with ‘‘Information Collection 9000– Total Burden Hours: 1,670.
The proposed Order does not obligate 0056, Report of Shipment’’. Follow the
ETE to expand Transco if Sabal Trail instructions provided at the ‘‘Submit a C. Public Comments
does not have (or has not secured pre- Comment’’ screen. Please include your Public comments are particularly
construction commitments from name, company name (if any), and invited on: Whether this collection of
shippers for) sufficient capacity to use ‘‘Information Collection 9000–0056, information is necessary; whether it will
the expansion to serve Florida. The Report of Shipment’’ on your attached have practical utility; whether our
Acquisition does not change the document. estimate of the public burden of this
incentives of Transco’s owner to deny • Mail: General Services collection of information is accurate,
capacity expansions to serve areas Administration, Regulatory Secretariat and based on valid assumptions and
outside of Florida. Thus, without this Division (MVCB), 1800 F Street NW., methodology; ways to enhance the
limitation, the proposed Order could Washington, DC 20405. ATTN: Ms. quality, utility, and clarity of the
ehiers on DSK5VPTVN1PROD with NOTICES
give Sabal Trail expansion rights it Flowers/IC 9000–0056, Report of information to be collected; and ways in
would have been unable to negotiate Shipment. which we can minimize the burden of
from an independent Transco. Instructions: Please submit comments the collection of information on those
The Commission does not intend this only and cite Information Collection who are to respond, through the use of
analysis to constitute an official 9000–0056, Report of Shipment, in all appropriate technological collection
interpretation of the proposed Order or correspondence related to this techniques or other forms of information
to modify its terms in any way. collection. Comments received generally technology.
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Document Created: 2016-06-15 02:21:15
Document Modified: 2016-06-15 02:21:15
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Proposed consent agreement. | |
| Dates | Comments must be received on or before July 11, 2016. | |
| Contact | Brian J. Telpner (202-326-2782), Bureau of Competition, 600 Pennsylvania Avenue NW., Washington, DC 20580. | |
| FR Citation | 81 FR 39049 |
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