
[Federal Register: February 17, 2009 (Volume 74, Number 30)]
[Notices]
[Page 7424]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17fe09-55]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. OR09-3-000]


Western Refining Southwest, Inc. and Western Refining Pipeline
CompanyComplainants v. TEPPCO Crude Pipeline, LLC Respondent; Notice of
Complaint

February 10, 2009.
    Take notice that on February 9, 2009, Western Refining Southwest,
Inc. (Western) and Western Refining Pipeline Company (Western Pipeline)
filed a formal complaint against TEPPCO Crude Pipeline, LLC (TEPPCO),
pursuant to Rule 206 of the Rules of Practice and Procedure of the
Federal Energy Regulatory Commission (FERC), 18 CFR 385.206; the
Procedural Rules Applicable to Oil Pipeline Proceedings, 18 CFR 343.2;
sections 1(4), 1(5), 1(6), 2, 3(1), 6(3), 8, 9, 13(1), 15(1), 16, and
20(11) of the Interstate Commerce Act (ICA), 49 U.S.C. App. 1(4), 1(5),
2, 3(1), 8, 9, 13, 15, and 16 (1988); alleging that TEPPCO wrongfully
seized crude oil that Western had tendered as line fill in TEPPCO's
pipeline from Midland, TX (Midland) to Hobbs, NM (Hobbs). Western also
alleges that TEPPCO continues to wrongfully retain possession of that
crude oil in a tank controlled by TEPPCO, and wrongfully reversed the
flow of the same Midland to Hobbs pipeline in June 2008 without
notification, thereby violating a capacity lease agreement Western
Pipeline had with TEPPCO. In addition, Western Pipeline alleges that
TEPPCO's actions violated its regulatory obligation to publish tariff
amendments with the FERC and that TEPPCO improperly solicited and
collected capacity lease payments for pipeline capacity that Western
Pipeline could not have utilized.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. The Respondent's
answer and all interventions, or protests must be filed on or before
the comment date. The Respondent's answer, motions to intervene, and
protests must be served on the Complainants.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://
www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
FERCOnlineSupport@ferc.gov, or call (866) 208-3676 (toll free). For
TTY, call (202) 502-8659.
    Comment Date: 5 p.m. Eastern Time on March 2, 2009.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-3340 Filed 2-13-09; 8:45 am]

BILLING CODE 6717-01-P
