81_FR_94609 81 FR 94362 - Eagle Ford Midstream, LP; Notice of Staff Protest to Petition for Rate Approval

81 FR 94362 - Eagle Ford Midstream, LP; Notice of Staff Protest to Petition for Rate Approval

DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission

Federal Register Volume 81, Issue 247 (December 23, 2016)

Page Range94362-94363
FR Document2016-31001

Federal Register, Volume 81 Issue 247 (Friday, December 23, 2016)
[Federal Register Volume 81, Number 247 (Friday, December 23, 2016)]
[Notices]
[Pages 94362-94363]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-31001]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PR17-2-000]


Eagle Ford Midstream, LP; Notice of Staff Protest to Petition for 
Rate Approval

    1. Commission staff hereby protests, pursuant to section 
284.123(g)(4)(i) of the Commission's regulations, the Petition for Rate 
Approval filed by Eagle Ford Midstream, LP (Eagle Ford) on October 11, 
2016, in the above referenced docket. Pursuant to the Stipulation and 
Agreement approved by the Commission in Docket Nos. PR12-

[[Page 94363]]

3-000 and PR12-3-001, Eagle Ford filed a new petition for rate 
approval, pursuant to 18 CFR 284.123(b)(2), proposing a new rate 
applicable to its Natural Gas Policy Act (NGPA) section 311 service. 
Eagle Ford elected to use the Commission's optional notice procedures 
set forth in section 284.123(g) of the Commission's regulations. Eagle 
Ford proposes to increase its rates for firm, enhanced, and 
interruptible transportation services, authorized overrun service, and 
park and loan service. Eagle Ford also proposes to revise its Statement 
of Operating Conditions (SOC) applicable to its transportation services 
performed pursuant to NGPA section 311, which it states is updated 
solely to reflect the new proposed rates. Eagle Ford states it has not 
proposed any changes to the operating terms and conditions of its SOC.
    2. Commission staff notes that Eagle Ford has not adequately 
supported its filing and shown that the proposed rates are fair and 
equitable. Eagle Ford provided a series of summary schedules but did 
not provide supporting workpapers or any descriptive justification to 
support its petition for rate approval. For instance, Eagle Ford has 
not provided support for the discount adjustment used in calculating 
the billing determinants. In addition, Eagle Ford has not provided an 
explanation or support for its proposed cost of service and cost of 
capital, among other issues.
    3. Commission staff's specific concerns include Eagle Ford's 
development of its discount adjustment in designing rates. Eagle Ford 
requests a 47.3 percent overall discount adjustment to its billing 
units. However, Eagle Ford has not provided support for the actual 
calculations of the adjustments and the rationale for them.
    4. In addition, Eagle Ford requested a weighted average cost of 
capital of 10.34 percent. This figure appears to be based upon a 
hypothetical capital structure of 40 percent debt and 60 percent 
equity, a 5.23 percent cost of debt and 13.75 percent cost of equity. 
However, Eagle Ford has not provided support for either the proposed 
capital structure or the individual capital cost components.
    5. Furthermore, Eagle Ford requested a test year adjustment to 
operating and maintenance expenses without support for the amount of 
the adjustment or for the level base year expenses. Eagle Ford did not 
provide support for the inclusion of administrative and general 
expenses that were excluded in its prior case, in Docket No. PR12-3-
000. Similarly, Eagle Ford did not provide support or explanation of 
its fivefold increase in plant or the effect of such increase on its 
cost of service.
    6. Finally, Commission staff has concerns regarding certain 
provisions in Eagle Ford's SOC. For example, it is unclear how Eagle 
Ford bills Firm Transportation customers and how Eagle Ford allocates 
capacity for new Firm Transportation customers during periods of 
constraint.

    Dated: December 9, 2016.
Kimberly D. Bose,
Secretary.
[FR Doc. 2016-31001 Filed 12-22-16; 8:45 am]
 BILLING CODE 6717-01-P



                                                  94362                       Federal Register / Vol. 81, No. 247 / Friday, December 23, 2016 / Notices

                                                  intervene. Instructions for becoming an                 accordance with Rules 211 and 214 of                  accordance with Rules 211 and 214 of
                                                  intervenor are in the ‘‘Document-less                   the Commission’s Rules of Practice and                the Commission’s Rules of Practice and
                                                  Intervention Guide’’ under the ‘‘e-filing’’             Procedure (18 CFR 385.211, 385.214).                  Procedure (18 CFR 385.211, 385.214).
                                                  link on the Commission’s Web site.                      Protests will be considered by the                    Protests will be considered by the
                                                  Motions to intervene are more fully                     Commission in determining the                         Commission in determining the
                                                  described at http://www.ferc.gov/                       appropriate action to be taken, but will              appropriate action to be taken, but will
                                                  resources/guides/how-to/intervene.asp.                  not serve to make protestants parties to              not serve to make protestants parties to
                                                                                                          the proceeding. Any person wishing to                 the proceeding. Any person wishing to
                                                  Additional Information
                                                                                                          become a party must file a notice of                  become a party must file a notice of
                                                     Additional information about the                     intervention or motion to intervene, as               intervention or motion to intervene, as
                                                  project is available from the                           appropriate. Such notices, motions, or                appropriate. Such notices, motions, or
                                                  Commission’s Office of External Affairs,                protests must be filed on or before the               protests must be filed on or before the
                                                  at (866) 208–FERC, or on the FERC Web                   comment date. Anyone filing a motion                  comment date. Anyone filing a motion
                                                  site at www.ferc.gov using the                          to intervene or protest must serve a copy             to intervene or protest must serve a copy
                                                  ‘‘eLibrary’’ link. Click on the eLibrary                of that document on the Applicant and                 of that document on the Applicant and
                                                  link, click on ‘‘General Search’’ and                   all the parties in this proceeding.                   all the parties in this proceeding.
                                                  enter the docket number, excluding the                     The Commission encourages                             The Commission encourages
                                                  last three digits in the Docket Number                  electronic submission of protests and                 electronic submission of protests and
                                                  field (i.e., CP17–8). Be sure you have                  interventions in lieu of paper using the              interventions in lieu of paper using the
                                                  selected an appropriate date range. For                 ‘‘eFiling’’ link at http://www.ferc.gov.              ‘‘eFiling’’ link at http://www.ferc.gov.
                                                  assistance, please contact FERC Online                  Persons unable to file electronically                 Persons unable to file electronically
                                                  Support at FercOnlineSupport@ferc.gov                   should submit an original and 5 copies                should submit an original and 5 copies
                                                  or toll free at (866) 208–3676, or for                  of the protest or intervention to the                 of the protest or intervention to the
                                                  TTY, contact (202) 502–8659. The                        Federal Energy Regulatory Commission,                 Federal Energy Regulatory Commission,
                                                  eLibrary link also provides access to the               888 First Street NE., Washington, DC                  888 First Street NE., Washington, DC
                                                  texts of formal documents issued by the                 20426.                                                20426.
                                                  Commission, such as orders, notices,                       This filing is accessible on-line at                  This filing is accessible on-line at
                                                  and rulemakings.                                        http://www.ferc.gov, using the                        http://www.ferc.gov, using the
                                                     In addition, the Commission offers a                 ‘‘eLibrary’’ link and is available for                ‘‘eLibrary’’ link and is available for
                                                  free service called eSubscription which                 electronic review in the Commission’s                 electronic review in the Commission’s
                                                  allows you to keep track of all formal                  Public Reference Room in Washington,                  Public Reference Room in Washington,
                                                  issuances and submittals in specific                    DC. There is an ‘‘eSubscription’’ link on             DC. There is an ‘‘eSubscription’’ link on
                                                  dockets. This can reduce the amount of                  the Web site that enables subscribers to              the Web site that enables subscribers to
                                                  time you spend researching proceedings                  receive email notification when a                     receive email notification when a
                                                  by automatically providing you with                     document is added to a subscribed                     document is added to a subscribed
                                                  notification of these filings, document                 docket(s). For assistance with any FERC               docket(s). For assistance with any FERC
                                                  summaries, and direct links to the                      Online service, please email                          Online service, please email
                                                  documents. Go to www.ferc.gov/docs-                     FERCOnlineSupport@ferc.gov, or call                   FERCOnlineSupport@ferc.gov, or call
                                                  filing/esubscription.asp.                               (866) 208–3676 (toll free). For TTY, call             (866) 208–3676 (toll free). For TTY, call
                                                     Finally, public sessions or site visits              (202) 502–8659.                                       (202) 502–8659.
                                                  will be posted on the Commission’s                         Comment Date: 5:00 p.m. Eastern                       Comment Date: 5:00 p.m. Eastern
                                                  calendar located at www.ferc.gov/                       Time on January 3, 2017.                              Time on December 29, 2016.
                                                  EventCalendar/EventsList.aspx along                       Dated: December 19, 2016.                             Dated: December 19, 2016.
                                                  with other related information.
                                                                                                          Nathaniel J. Davis, Sr.,                              Nathaniel J. Davis, Sr.,
                                                    Dated: December 19, 2016.                             Deputy Secretary.                                     Deputy Secretary.
                                                  Kimberly D. Bose,                                       [FR Doc. 2016–30981 Filed 12–22–16; 8:45 am]          [FR Doc. 2016–30980 Filed 12–22–16; 8:45 am]
                                                  Secretary.                                              BILLING CODE 6717–01–P                                BILLING CODE 6717–01–P
                                                  [FR Doc. 2016–31000 Filed 12–22–16; 8:45 am]
                                                  BILLING CODE 6717–01–P
                                                                                                          DEPARTMENT OF ENERGY                                  DEPARTMENT OF ENERGY

                                                  DEPARTMENT OF ENERGY                                    Federal Energy Regulatory                             Federal Energy Regulatory
                                                                                                          Commission                                            Commission
                                                  Federal Energy Regulatory
                                                                                                          [Docket No. NJ17–6–000]                               [Docket No. PR17–2–000]
                                                  Commission
                                                  [Docket No. NJ17–7–000]                                 City of Banning, California; Notice of                Eagle Ford Midstream, LP; Notice of
                                                                                                          Filing                                                Staff Protest to Petition for Rate
                                                  City of Anaheim, California; Notice of                                                                        Approval
                                                  Filing                                                    Take notice that on December 8, 2016,
                                                                                                          the City of Banning, California                         1. Commission staff hereby protests,
                                                    Take notice that on December 13,                      submitted its tariff filing: City of                  pursuant to section 284.123(g)(4)(i) of
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                                                  2016, the City of Anaheim, California                   Banning, California 2017 Transmission                 the Commission’s regulations, the
                                                  submitted its tariff filing: City of                    Revenue Balancing Account                             Petition for Rate Approval filed by Eagle
                                                  Anaheim, California 2017 Transmission                   Adjustment/Existing Transmission                      Ford Midstream, LP (Eagle Ford) on
                                                  Revenue Balancing Account Adjustment                    Contracts Update to be effective 1/1/                 October 11, 2016, in the above
                                                  Update to be effective 1/1/2017.                        2017.                                                 referenced docket. Pursuant to the
                                                    Any person desiring to intervene or to                  Any person desiring to intervene or to              Stipulation and Agreement approved by
                                                  protest this filing must file in                        protest this filing must file in                      the Commission in Docket Nos. PR12–


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                                                                              Federal Register / Vol. 81, No. 247 / Friday, December 23, 2016 / Notices                                            94363

                                                  3–000 and PR12–3–001, Eagle Ford filed                  increase in plant or the effect of such                 Applicants: Ohio Valley Electric
                                                  a new petition for rate approval,                       increase on its cost of service.                      Corporation.
                                                  pursuant to 18 CFR 284.123(b)(2),                         6. Finally, Commission staff has                      Description: Compliance filing:
                                                  proposing a new rate applicable to its                  concerns regarding certain provisions in              Compliance filing to correct effective
                                                  Natural Gas Policy Act (NGPA) section                   Eagle Ford’s SOC. For example, it is                  date to be effective 1/1/2016.
                                                  311 service. Eagle Ford elected to use                  unclear how Eagle Ford bills Firm                       Filed Date: 12/19/16.
                                                  the Commission’s optional notice                        Transportation customers and how                        Accession Number: 20161219–5184.
                                                  procedures set forth in section                         Eagle Ford allocates capacity for new                   Comments Due: 5 p.m. ET 1/9/17.
                                                  284.123(g) of the Commission’s                          Firm Transportation customers during                    Docket Numbers: ER13–1941–009.
                                                  regulations. Eagle Ford proposes to                     periods of constraint.                                  Applicants: Alabama Power
                                                  increase its rates for firm, enhanced, and                Dated: December 9, 2016.                            Company.
                                                  interruptible transportation services,                                                                          Description: Compliance filing:
                                                                                                          Kimberly D. Bose,
                                                  authorized overrun service, and park                                                                          Compliance Filing to Correct Certain
                                                  and loan service. Eagle Ford also                       Secretary.
                                                                                                                                                                eTariff Recod Metadata to be effective 1/
                                                  proposes to revise its Statement of                     [FR Doc. 2016–31001 Filed 12–22–16; 8:45 am]
                                                                                                                                                                1/2016.
                                                  Operating Conditions (SOC) applicable                   BILLING CODE 6717–01–P
                                                                                                                                                                  Filed Date: 12/19/16.
                                                  to its transportation services performed                                                                        Accession Number: 20161219–5133.
                                                  pursuant to NGPA section 311, which it                                                                          Comments Due: 5 p.m. ET 1/9/17.
                                                  states is updated solely to reflect the                 DEPARTMENT OF ENERGY
                                                                                                                                                                  Docket Numbers: ER15–2239–006.
                                                  new proposed rates. Eagle Ford states it
                                                                                                          Federal Energy Regulatory                               Applicants: NextEra Energy
                                                  has not proposed any changes to the
                                                                                                          Commission                                            Transmission West, LLC.
                                                  operating terms and conditions of its
                                                                                                                                                                  Description: Compliance filing:
                                                  SOC.                                                    Combined Notice of Filings #2
                                                     2. Commission staff notes that Eagle                                                                       NextEra Energy Transmission West, LLC
                                                  Ford has not adequately supported its                      Take notice that the Commission                    Compliance Filing to be effective 10/20/
                                                  filing and shown that the proposed rates                received the following electric rate                  2015.
                                                  are fair and equitable. Eagle Ford                      filings:                                                Filed Date: 12/19/16.
                                                  provided a series of summary schedules                                                                          Accession Number: 20161219–5263.
                                                                                                             Docket Numbers: ER10–3285–001;                       Comments Due: 5 p.m. ET 1/9/17.
                                                  but did not provide supporting                          ER10–3177–001; ER10–3181–001.
                                                  workpapers or any descriptive                              Applicants: UGI Development                          Docket Numbers: ER16–2541–001.
                                                  justification to support its petition for               Company, UGI Energy Services, LLC,                      Applicants: Pioneer Wind Park I, LLC.
                                                  rate approval. For instance, Eagle Ford                 UGI Utilities, Inc.                                     Description: Compliance filing:
                                                  has not provided support for the                           Description: Updated Triennial                     Pioneer Wind Park I, LLC MBR Tariff to
                                                  discount adjustment used in calculating                 Market Power Analysis for Northeast                   be effective 9/3/2016.
                                                  the billing determinants. In addition,                  region of the UGI MBR Companies.                        Filed Date: 12/19/16.
                                                  Eagle Ford has not provided an                             Filed Date: 12/19/16.                                Accession Number: 20161219–5228.
                                                  explanation or support for its proposed                    Accession Number: 20161219–5294.                     Comments Due: 5 p.m. ET 1/9/17.
                                                  cost of service and cost of capital,                       Comments Due: 5 p.m. ET 2/17/17.                     Docket Numbers: ER17–201–000.
                                                  among other issues.                                        Docket Numbers: ER13–897–006.                        Applicants: Shell Energy North
                                                     3. Commission staff’s specific                                                                             America (US), L.P.
                                                                                                             Applicants: Louisville Gas and
                                                  concerns include Eagle Ford’s                                                                                   Description: Supplement to October
                                                                                                          Electric Company.
                                                  development of its discount adjustment                                                                        27, 2016 Shell Energy North America
                                                                                                             Description: Compliance filing:
                                                  in designing rates. Eagle Ford requests                                                                       (US), L.P. tariff filing (Category 1 Seller
                                                                                                          Compliance Filing Attach K Correct
                                                  a 47.3 percent overall discount                                                                               Notice).
                                                                                                          eTariff Record Metadata to be effective
                                                  adjustment to its billing units. However,                                                                       Filed Date: 12/12/16.
                                                                                                          1/24/2015.
                                                  Eagle Ford has not provided support for                                                                         Accession Number: 20161212–5281.
                                                                                                             Filed Date: 12/19/16.
                                                  the actual calculations of the                                                                                  Comments Due: 5 p.m. ET 1/3/17.
                                                                                                             Accession Number: 20161219–5214.
                                                  adjustments and the rationale for them.                                                                         Docket Numbers: ER17–576–000.
                                                                                                             Comments Due: 5 p.m. ET 1/9/17.
                                                     4. In addition, Eagle Ford requested a
                                                                                                             Docket Numbers: ER13–1928–010.                       Applicants: ISO New England Inc.
                                                  weighted average cost of capital of 10.34
                                                                                                             Applicants: Duke Energy Progress,                    Description: § 205(d) Rate Filing: Part
                                                  percent. This figure appears to be based
                                                                                                          LLC, Duke Energy Carolinas, LLC.                      1 of Two-Part Filing to Update Effective
                                                  upon a hypothetical capital structure of
                                                                                                             Description: Compliance filing:                    Date to be effective 3/1/2017.
                                                  40 percent debt and 60 percent equity,
                                                                                                          Correct Order No. 1000 Dates to be                      Filed Date: 12/19/16.
                                                  a 5.23 percent cost of debt and 13.75
                                                                                                          effective 1/1/2016.                                     Accession Number: 20161219–5169.
                                                  percent cost of equity. However, Eagle
                                                                                                             Filed Date: 12/19/16.                                Comments Due: 5 p.m. ET 1/9/17.
                                                  Ford has not provided support for either
                                                  the proposed capital structure or the                      Accession Number: 20161219–5123.                     Docket Numbers: ER17–576–001.
                                                  individual capital cost components.                        Comments Due: 5 p.m. ET 1/9/17.                      Applicants: ISO New England Inc.
                                                     5. Furthermore, Eagle Ford requested                    Docket Numbers: ER13–1930–009.                       Description: Tariff Amendment: Part 2
                                                  a test year adjustment to operating and                    Applicants: Louisville Gas and                     of Two-Part Filing to Update Effective
                                                  maintenance expenses without support                    Electric Company.                                     Date to be effective 3/31/2017.
                                                  for the amount of the adjustment or for                    Description: Compliance filing: Att. K               Filed Date: 12/19/16.
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                                                  the level base year expenses. Eagle Ford                Appendices Compliance Filing to                         Accession Number: 20161219–5232.
                                                  did not provide support for the                         Correct eTariff Record Metadata to be                   Comments Due: 5 p.m. ET 1/9/17.
                                                  inclusion of administrative and general                 effective 1/24/2015.                                    Docket Numbers: ER17–577–000.
                                                  expenses that were excluded in its prior                   Filed Date: 12/19/16.                                Applicants: Rock River I, LLC.
                                                  case, in Docket No. PR12–3–000.                            Accession Number: 20161219–5186.                     Description: § 205(d) Rate Filing:
                                                  Similarly, Eagle Ford did not provide                      Comments Due: 5 p.m. ET 1/9/17.                    Category 1 Seller Notice re Northwest to
                                                  support or explanation of its fivefold                     Docket Numbers: ER13–1940–011.                     be effective 12/20/2016.


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Document Created: 2016-12-23 12:29:26
Document Modified: 2016-12-23 12:29:26
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation81 FR 94362 

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