Atmos Energy Corporation ) ) v. ) Docket No. RP14-638-000 ) American Midstream (Midla), LLC )
American Midstream (Midla), LLC ) Docket No. CP14-125-000
American Midstream (Midla), LLC ) Docket No. CP14-126-000
(not consolidated)
JOINT MOTION FOR STAY OF COMMISSION ACTION
Pursuant to Rule 212 of the Rules of Practice and Procedure of the Federal Energy Regulatory Commission (Commission), 18 C.F.R. 385.212 (2014), American Midstream (Midla), LLC (Midla), on behalf of itself and the parties listed below 1 (collectively, the Moving Parties), hereby moves for a stay of any Commission rulings in the above- captioned proceedings. Midla and the Moving Parties have been engaged in settlement discussions in mediation under Rule 604 of the Commissions Rules of Practice and Procedures conducted by the Dispute Resolution Division of the Commissions Office of Administrative Law Judges and Dispute Resolution. Midla and the Moving Parties hereby report to the Commission that they have reached an agreement in principle resolving all differences among active parties, subject to the approval of each partys board, senior management or city council, as
1 Midla is authorized to list the following parties as the Moving Parties: Atmos Energy Corporation, BASF Corporation, Enbridge Marketing (U.S.) L.P., EV Properties, L.P., Louisiana Municipal Gas Authority, the Louisiana Public Service Commission and the Mississippi Public Service Commission. 2 applicable. 2 Midla and the Moving Parties are working to obtain all such necessary approvals. In the meantime, they are also working on memorializing the agreement in principle in a settlement agreement and ancillary documents. Once the settlement agreement drafting process is complete, it will be filed with the Commission for its approval. Midla and the Moving Parties will endeavor to file the settlement agreement with the Commission by November 1, 2014, or as soon thereafter as reasonably possible. If the settlement agreement is not filed by November 1, 2014, Midla and the Moving Parties will file a written report with the Commission on the status of the settlement agreement. The principle elements of the agreement in principle are: The Moving Parties support Midlas abandonment of its aging and deteriorating pipe facilities and the transfer of the more modern and usable portions of its pipe facilities, all located in Louisiana, to an intrastate affiliate for continued gas service. Midla will apply to the Commission for a certificate to build a new gas pipeline from near Winnsboro, Louisiana to the Natchez, Mississsippi area. The pipeline will serve existing residential, commercial, and industrial customers and will have capacity to support economic growth in parishes in Louisiana that it traverses and in the Natchez area. Customers that will not be served through the Natchez Line will either be connected to other interstate gas pipelines, intrastate gas pipelines, or gas distribution systems or converted to propane service. Midla will bear the vast majority of the costs of these connections and conversions.
2 Entergy Services, Inc., Entergy Gulf States Louisiana, L.L.C., Entergy Louisiana, LLC and Entergy Arkansas, Inc. do not have a position at this time on the agreement in principle. 3 Midla will proceed with the above-described abandonments, constructions, and conversions, subject to all necessary additional approvals, according to a coordinated schedule to ensure the continuity of each customers gas service or, as the case may be, a smooth conversion from gas service to propane service. Midla and the anchor shippers on the Natchez Line have agreed to negotiated annual revenue commitments for service through the Natchez Line, and Midla has agreed not to revise its recourse rates except for service on the Natchez Line. Both before and after the Natchez Line commences service, some existing Midla customers will experience a decrease in the costs of having their gas delivered. Based on the above, Midla and the Moving Parties request that the Commission refrain from ruling in the above-captioned proceedings. Any Commission ruling before the settlement is filed could upset the delicate balance reflected in the many compromises contained in the agreement in principle and prevent settlement of these proceedings. Additionally, Midla and the Moving Parties request that the Commission and its staff not delay its environmental analysis in Docket Nos. CP14-125-000 and CP14-126-000. On July 8, 2014, the Commission Staff completed its environmental analysis in Docket No. CP14-126-000. The environmental analysis in these two dockets may be needed before the Commission can approve the abandonment and certificate portions of the to-be-filed settlement.
4 WHEREFORE, for the foregoing reasons, Midla and the Moving Parties respectfully request that the Commission stay any rulings in the above-captioned proceedings, consistent with the above. Respectfully submitted, AMERICAN MIDSTREAM (MIDLA), LLC _______/s/ Dennis J. Kelly________ Dennis J. Kelly Senior Attorney 1400 16 th Street, Suite 310 Denver, CO 80202 Telephone: 720-457-6076 E-mail: dkelly@americanmidstream.com
Thomas E. Hirsch III Law Office of Thomas Hirsch, P.C. 7707 Wisconsin Ave, #236 Bethesda, Maryland 20814 Telephone: 443-249-5381 Email: hirschlaw@verizon.net
Counsel for American Midstream (Midla), LLC Dated: October 7, 2014 5 CERTIFICATE OF SERVICE
Pursuant to Rule 2010 of the Commissions Rules of Practice and Procedure, 18 C.F.R. 385.2010, I hereby certify that I have this day served the foregoing document upon each person designated on the official service list compiled by the Secretary in this proceeding. Dated at Bethesda, Maryland this 7 th Day of October, 2014. ________/s/ Thomas E. Hirsch III_______ Thomas E. Hirsch III