East Tennessee Natural Gas, LLC Mailing Address: 5400 Westheimer Court P.O. Box 1642 Houston, Texas 77056 Houston, TX 77251-1642 713.627.5400 main July 6, 2017 Ms. Kimberly D. Bose, Secretary Federal Energy Regulatory Commission 888 First Street, NE Washington, DC 20426 Re: East Tennessee Natural Gas, LLC, Docket No. RP17- -000 Dear Ms. Bose: Pursuant to Section 4 of the Natural Gas Act 1 and Part 154 of the regulations of the Federal Energy Regulatory Commission ("Commission") promulgated thereunder, 2 East Tennessee Natural Gas, LLC ( East Tennessee ) hereby submits for filing as part of its FERC Gas Tariff, Fourth Revised Volume No. 1 ( Tariff ), the tariff record listed in Appendix A to be effective on August 6, 2017. STATEMENT OF NATURE, REASONS AND BASIS East Tennessee is adding an evergreen provision to Paragraph 3 of its pro forma service agreement for Rate Schedule PAL to provide for a term immediately subsequent to the Primary Term such that a customer s service agreement for Rate Schedule PAL may continue beyond the Primary Term unless and until it is terminated by a customer or East Tennessee. As modified, the pro forma service agreement for Rate Schedule PAL will be consistent with substantively identical tariff provisions approved by the Commission on third party pipelines. 3 PROPOSED EFFECTIVE DATE East Tennessee proposes an effective date of August 6, 2017, for the tariff record filed herein. East Tennessee respectfully requests any waivers that may be required for the Commission to accept the tariff record filed herein to become effective as proposed. IMPLEMENTATION Pursuant to Section 154.7(a)(9) of the Commission s regulations, 18 C.F.R. 154.7(a)(9), East Tennessee files this motion to place the revised tariff record filed herein into effect at the expiration of any suspension period set by the Commission, provided that the tariff changes are approved as filed and without condition. In the event the tariff record filed herewith is not approved as filed and without condition, East Tennessee reserves the right to file a motion at a later date to place such tariff record into effect. 1 2 3 15 U.S.C. 717c (2012). 18 C.F.R. Part 154 (2016). See Texas Eastern Transmission, LP, FERC Gas Tariff, 8 th Revised Volume No. 1, Form of Service Agreement for Rate Schedule PAL; Algonquin Gas Transmission, LLC, FERC Gas Tariff 6 th Revised Volume No. 1, Form of Service Agreement (Applicable to Rate Schedule PAL); Gulfstream Natural Gas System, LLC, FERC Gas Tariff 1 st Revised Volume No. 1, Form of Service Agreement for Rate Schedule PALS; Southeast Supply Header, LLC, FERC Gas Tariff 1 st Revised Volume No. 1, Form of Service Agreement (Applicable to Rate Schedule PALS).
Ms. Kimberly D. Bose, Secretary Federal Energy Regulatory Commission July 6, 2017 Page 2 COMPLIANCE WITH REGULATIONS In compliance with Section 154.4(c) of the Commission s regulations, 18 C.F.R. 154.4(c), all contents of this filing are being submitted as part of an XML filing package in conformance with the Secretary of the Commission s instructions. In compliance with Section 154.201(a) of the Commission s regulations, 18 C.F.R. 154.201(a), a marked version of the proposed tariff record showing additions to and deletions from the accepted tariff record is attached. Copies of this filing are being posted in accordance with Section 154.207 of the Commission s regulations, 18 C.F.R. 154.207. In accordance with Section 154.208 of the Commission s regulations, 18 C.F.R. 154.208, copies of this filing are being served electronically on East Tennessee s customers and interested state commissions. A paper copy of this filing may only be served if a customer or state commission has been granted a waiver of electronic service pursuant to Part 390 of the Commission s regulations, 18 C.F.R. 390. CORRESPONDENCE AND COMMUNICATION All correspondence and communications regarding this filing should be addressed to the following: * Janice K. Devers Director, Tariffs East Tennessee Natural Gas, LLC P. O. Box 1642 Houston, TX 77251-1642 Phone: (713) 627-6170 Email: janice.devers@enbridge.com and * DeAndra L. Black Legal Counsel East Tennessee Natural Gas, LLC P.O. Box 1642 Houston, TX 77251-1642 Phone: (713) 627-6053 Email: deandra.black@enbridge.com * Parties to be designated on the Commission s Official Service List.
Ms. Kimberly D. Bose, Secretary Federal Energy Regulatory Commission July 6, 2017 Page 3 Please contact the undersigned at (713) 627-6170 with any questions regarding this filing. Respectfully submitted, /s/ Janice K. Devers Janice K. Devers, Director Tariffs Enclosures
APPENDIX A East Tennessee Natural Gas, LLC Fourth Revised Volume No. 1 Version Section (Description & Title, Narrative Name) Part 7 Form of Service Agreements 2.0.0 6. PAL Park and Loan Agreement
East Tennessee Natural Gas, LLC Part 7 - Form of Service Agreements FERC Gas Tariff 6. PAL Park and Loan Agreement Fourth Revised Volume No. 1 Version 2.0.0 Page 1 of 2 PARK AND LOAN AGREEMENT (For Use Under Rate Schedule PAL) Date:, Contract No. SERVICE AGREEMENT This AGREEMENT is entered into by and between East Tennessee Natural Gas, LLC, ("Transporter") and ("Shipper"). WHEREAS, [This and an additional clause(s) may be included to describe the historical or factual context of the Agreement, to describe or identify a precedent agreement, and any other agreements if applicable, between Transporter and Shipper related to the Agreement, and/or to describe or define the facilities necessary to provide service under the Agreement, and will not include binding consideration.] NOW THEREFORE, in consideration of the premises and of the mutual covenants herein contained, the parties do agree as follows: 1. Transporter shall deliver and Shipper shall take and pay for service pursuant to the terms of this Agreement and subject to Rate Schedule PAL in Transporter's Tariff and subject to the General Terms and Conditions of Transporter's Tariff. Rate Schedule PAL and the General Terms and Conditions of Transporter's Tariff are incorporated herein by reference and made a part hereof. 2. Shipper shall initiate a request for each park or loan service transaction by executing and delivering to Transporter one or more Exhibit(s) A, which will set forth the specific details of each park and loan transaction including the Maximum Park Quantity and Maximum Loan Quantity, as appropriate, and the PAL Point(s) of Transaction. Upon execution by Transporter, Shipper's Exhibit(s) A shall be incorporated in and made a part hereof. 3. This Agreement shall be effective as of and shall remain in force and effect until and including ("Primary Term"), and shall continue to be effective from to thereafter, unless terminated by either party by written notice prior to the end of the primary term or any successive term thereafter. Any portions of this Agreement necessary to correct or resolve a Park Balance or a Loan Balance under this Agreement as required by the General Terms and Conditions of Transporter's FERC Gas Tariff shall survive the other parts of this Agreement until such time as such balancing has been accomplished. 4. The applicable maximum rate(s) and all other applicable charges and surcharges specified in the Notice of Rates in Transporter's FERC Gas Tariff and in Rate Schedule PAL shall apply to service pursuant to this Agreement except as provided to the contrary in any written or electronic agreement(s) between Transporter and Shipper in effect during the term of this Agreement. Shipper agrees that Transporter shall have the unilateral right to file with the appropriate regulatory authority and make changes effective in the rates and charges applicable to service pursuant to Rate Schedule PAL and in any provisions of Transporter's General Terms and Conditions as they may be revised or replaced from time to time. Without prejudice to Shipper's right to contest such changes, Shipper agrees to pay the effective rates and charges for service rendered pursuant to this Agreement. Transporter agrees that Shipper may protest or contest the aforementioned filings, or may seek authorization from duly constituted regulatory authorities for adjustment of Transporter's existing FERC Gas Tariff as may be found necessary to assure Transporter just and reasonable rates. 5. Unless otherwise required in the Tariff, all notices shall be in writing and shall be deemed given when sent to Transporter and to Shipper at the addresses below or to such other address as either party shall designate or shall be transmitted via facsimile. Shipper or Transporter may change such addresses or other information by written notice to the other without the necessity of amending this Agreement. Transporter: Shipper: Issued on: July 6, 2017 Effective on: August 6, 2017
East Tennessee Natural Gas, LLC Part 7 - Form of Service Agreements FERC Gas Tariff 6. PAL Park and Loan Agreement Fourth Revised Volume No. 1 Version 2.0.0 Page 2 of 2 6. The interpretation and performance of this Agreement shall be in accordance with and controlled by the laws of the state of Tennessee, without regard to choice of law doctrine that refers to the laws of another jurisdiction. 7. As of the effective date provided above, this Agreement supersedes and cancels the Agreement(s) between Shipper and Transporter dated. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed by their respective Officers and/or Representatives thereunto duly authorized to be effective as of the date stated above. SHIPPER: EAST TENNESSEE NATURAL GAS, LLC By: By: Title: Title: Issued on: July 6, 2017 Effective on: August 6, 2017
6. PAL Park and Loan Agreement Version 1.0.0 2.0.0 Page 1 of 2 PARK AND LOAN AGREEMENT (For Use Under Rate Schedule PAL) Date:, Contract No. SERVICE AGREEMENT This AGREEMENT is entered into by and between East Tennessee Natural Gas, LLC, ("Transporter") and ("Shipper"). WHEREAS, [This and an additional clause(s) may be included to describe the historical or factual context of the Agreement, to describe or identify a precedent agreement, and any other agreements if applicable, between Transporter and Shipper related to the Agreement, and/or to describe or define the facilities necessary to provide service under the Agreement, and will not include binding consideration.] NOW THEREFORE, in consideration of the premises and of the mutual covenants herein contained, the parties do agree as follows: 1. Transporter shall deliver and Shipper shall take and pay for service pursuant to the terms of this Agreement and subject to Rate Schedule PAL in Transporter's Tariff and subject to the General Terms and Conditions of Transporter's Tariff. Rate Schedule PAL and the General Terms and Conditions of Transporter's Tariff are incorporated herein by reference and made a part hereof. 2. Shipper shall initiate a request for each park or loan service transaction by executing and delivering to Transporter one or more Exhibit(s) A, which will set forth the specific details of each park and loan transaction including the Maximum Park Quantity and Maximum Loan Quantity, as appropriate, and the PAL Point(s) of Transaction. Upon execution by Transporter, Shipper's Exhibit(s) A shall be incorporated in and made a part hereof. 3. This Agreement shall be effective as of and shall remain in force and effect until and including ("Primary Term"), and shall continue to be effective from to thereafter, unless terminated by either party by written notice prior to the end of the primary term or any successive term thereafter. Any portions of this Agreement necessary to correct or resolve a Park Balance or a Loan Balance under this Agreement as required by the General Terms and Conditions of Transporter's FERC Gas Tariff shall survive the other parts of this Agreement until such time as such balancing has been accomplished. 4. The applicable maximum rate(s) and all other applicable charges and surcharges specified in the Notice of Rates in Transporter's FERC Gas Tariff and in Rate Schedule PAL shall apply to service pursuant to this Agreement except as provided to the contrary in any written or electronic agreement(s) between Transporter and Shipper in effect during the term of this Agreement. Shipper agrees that Transporter shall have the unilateral right to file with the appropriate regulatory authority and make changes effective in the rates and charges applicable to service pursuant to Rate Schedule PAL and in any provisions of Transporter's General Terms and Conditions as they may be revised or replaced from time to time. Without prejudice to Shipper's right to contest such changes, Shipper agrees to pay the effective rates and charges for service rendered pursuant to this Agreement. Transporter agrees that Shipper may protest or contest the aforementioned filings, or may seek authorization from duly constituted regulatory authorities for adjustment of Transporter's existing FERC Gas Tariff as may be found necessary to assure Transporter just and reasonable rates. 5. Unless otherwise required in the Tariff, all notices shall be in writing and shall be deemed given when sent to Transporter and to Shipper at the addresses below or to such other address as either party shall designate or shall be transmitted via facsimile. Shipper or Transporter may change such addresses or other information by written notice to the other without the necessity of amending this Agreement. Transporter: Shipper: Issued on: July 6, 2017 Effective on: August 6, 2017
6. PAL Park and Loan Agreement Version 1.0.0 2.0.0 Page 2 of 2 6. The interpretation and performance of this Agreement shall be in accordance with and controlled by the laws of the state of Tennessee, without regard to choice of law doctrine that refers to the laws of another jurisdiction. 7. As of the effective date provided above, this Agreement supersedes and cancels the Agreement(s) between Shipper and Transporter dated. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed by their respective Officers and/or Representatives thereunto duly authorized to be effective as of the date stated above. SHIPPER: EAST TENNESSEE NATURAL GAS, LLC By: By: Title: Title: Issued on: July 6, 2017 Effective on: August 6, 2017
CERTIFICATE OF SERVICE I hereby certify that I have electronically served the foregoing document upon customers of East Tennessee Natural Gas, LLC and interested state commissions that have requested electronic service. Dated at Houston, Texas this 6 th day of July, 2017. /s/ Brian J. Malik Brian J. Malik On behalf of East Tennessee Natural Gas, LLC