Energy Transfer Partners, L.P.; Energy Transfer Company; ETC Marketing, Ltd.; Houston Pipeline Company; Public Notice of Settlement, 48948-48950 [E9-23145]
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48948
Federal Register / Vol. 74, No. 185 / Friday, September 25, 2009 / Notices
Decision
Western evaluated its participation in
the MATL Project based on the
principles, policies, and practices of
Western’s TIP. This second ROD
provides notice that Western has
considered the potential environmental
impacts of the MATL Project and
required mitigation as presented in the
first ROD. It also provides notice that
Western has decided to partially finance
the MATL Project, in exchange for
owning 50 MW of southbound capacity
on the line and approximately 18 miles
of transmission line. This decision is
contingent on the MATL Project
satisfying the other requirements of the
TIP. The decision in this second ROD
will be implemented through contracts
with MATL if all necessary conditions
are met.
In reaching this decision, Western
reviewed the MATL EIS and first ROD
and considered that the potential
impacts from the selected alternative,
with implementation of the stipulated
mitigation measures, are expected to be
low. Western’s decision to finance a
portion of the MATL Project has no
effect on the environmental impacts
identified in the MATL EIS, and does
not in any way modify the first ROD.
Western has prepared this second
ROD in accordance with the regulations
of the Council on Environmental
Quality (40 CFR Parts 1500–1508) for
implementing NEPA, and DOE’s NEPA
Implementing Procedures (10 CFR Part
1021). Western’s authority to issue a
ROD is pursuant to authority delegated
on October 4, 1999.1
Dated: September 18, 2009.
Timothy J. Meeks,
Administrator.
[FR Doc. E9–23186 Filed 9–24–09; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. IN06–3–003]
Energy Transfer Partners, L.P.; Energy
Transfer Company; ETC Marketing,
Ltd.; Houston Pipeline Company;
Public Notice of Settlement
jlentini on DSKJ8SOYB1PROD with NOTICES
September 21, 2009.
Take notice that on September 21,
2009, pursuant to Rule 602 of the
Commission’s Rules of Practice and
Procedure, 18 CFR 385.602 (2009), the
1 Western’s authority to issue a record of decision
is pursuant to authority delegated on October 4,
1999, from the Assistant Secretary for Environment,
Safety and Health to Western’s Administrator.
VerDate Nov<24>2008
18:52 Sep 24, 2009
Jkt 217001
Commission accepted and approved the
Stipulation and Consent Agreement
(‘‘Agreement’’) entered into by Energy
Transfer Partners, L.P., et al. (‘‘ETP’’)
and Enforcement Litigation Staff
regarding settlement of Docket No.
IN06–3–003.1 Concurrently with this
Notice, the Agreement is being filed as
a public document with the Secretary of
the Commission.
ETP and Enforcement Litigation Staff
jointly state that the Agreement resolves
all Claims alleged or asserted in this
Proceeding by the Commission and
Enforcement Litigation Staff against
ETP, including the named respondents,
any other ETP Entity, and any of its
current or former directors, officers,
employees, agents, or other
representatives, relating to manipulation
or attempted manipulation of natural
gas prices in alleged violation of the
Commission’s former Market Behavior
Rule 2.2
By resolving all Claims through the
Agreement, ETP and Enforcement
Litigation Staff agree that the
Commission shall dismiss all Claims
against ETP with prejudice, terminate
all investigations in this Proceeding,
and forever release ETP and the ETP
Entities and their current or former
directors, officers, employees, agents,
and other representatives, and any
successor to ETP or the ETP Entities,
from any and all administrative or civil
claims for civil penalties and legal and
equitable relief, including disgorgement
of profits and restitution, under any and
all theories of alleged liability based on
or arising under in whole or part, the
Claims.
Under the terms of the Agreement,
ETP will pay Five Million Dollars
($5,000,000.00) in civil monetary
penalties to the United States Treasury.
In addition, under the terms of the
Agreement, ETP will establish a Fund in
the amount of Twenty-Five Million
Dollars ($25,000,000.00) for the purpose
of disgorging to Final Opt-In Fund
Participants alleged unjust profits based
on or arising from ETP’s Alleged
Conduct. Third Parties that have
asserted claims against ETP in private
litigation or arbitration may become
Fund Participants. If, after the allocation
of money to Final Opt-In Fund
1 Capitalized terms in this Public Notice have the
meaning provided in the Agreement and the
Agreement constitutes the complete agreement of
the Settling Parties. All matters in this docket that
pertained to ETP’s affiliate, Oasis Pipeline, L.P.,
were resolved by a prior settlement approved by the
Commission in Oasis Pipeline, L.P., 126 FERC
¶ 61,188 (2009).
2 See Order No. 644, 105 FERC ¶ 61,217 (2003),
formerly codified at 18 CFR § 284.403(a) (2005).
Market Behavior Rule 2 was rescinded in Order No.
673, 114 FERC ¶ 61,166 (2006).
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Sfmt 4703
Participants, there is any Remaining
Fund Amount, such amount shall be
available for the purpose of
compensating Third Parties, in whole or
part, in connection with the Private
Settlement of Pending Claims or Future
Claims.
For purposes of this Proceeding, ETP
neither admits nor denies the Claims.
As specified in the Agreement, ETP
does not admit or concede to any Third
Party actual or potential fault,
wrongdoing, or liability in connection
with any facts or claims that have been
or could have been alleged against it
with respect to ETP’s Alleged Conduct.
No later than sixty (60) days from the
date of the publication of this Notice in
the Federal Register (the ‘‘Fund Notice
Period’’), any individual, business
entity, or putative class that believes it
may have a claim against any ETP
Entity, with respect to the allegations
covered by the Agreement, and elects to
become a Conditional Opt-In Fund
Participant, shall cause to be filed with
the Commission and served upon ETP
and Enforcement Litigation Staff a
written, verified Conditional Notice as
attached.3 No claims filed after
expiration of the sixty-day Fund Notice
Period shall be considered or eligible for
participation in the Fund. Such
submissions shall be treated as subject
to the terms of the Protective Order
entered in this Proceeding on February
11, 2008, Energy Transfer Partners, L.P.,
122 FERC ¶ 61,122 (2008), as such
Protective Order may be modified by the
Commission or by an administrative law
judge.
Within one hundred twenty (120)
days after the close of the Fund Notice
Period, the Fund Administrator shall
certify to the Commission and
simultaneously serve the Settling Parties
and each Conditional Opt-In Fund
Participant an Initial Fund Allocation
Report. This report shall describe the
data submitted by each Conditional
Fund Participant, the basis for its claim,
its total claim, if any, supported by the
data submitted, the initial allocation of
the Fund, and the methodology
employed in reaching the initial
allocation of the Fund. The Agreement
provides for Commission review and
approval of the report. Within thirty (30)
days after the Initial Fund Allocation
Report becomes final, each Conditional
Opt-In Fund Participant shall declare in
3 The following forms are attached to this notice:
(1) Conditional Notice to Participate in Settlement
Fund, along with associated Declaration of
Authorized Representative and Affidavit forms; and
(2) Declaration of Final Opt-in Fund Participant and
Waiver and Release of Claims, along with an
associated Declaration of Authorized Representative
form.
E:\FR\FM\25SEN1.SGM
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Federal Register / Vol. 74, No. 185 / Friday, September 25, 2009 / Notices
jlentini on DSKJ8SOYB1PROD with NOTICES
writing whether or not it accepts the
allocated amount to become a Final OptIn Fund Participant. As a condition of
accepting the allocated amount, each
Final Opt-In Participant must agree to
forever waive and release all claims
against ETP based on or arising, in
whole or part, from ETP’s Alleged
Conduct as specified in the Agreement.
No individual, business entity, or
putative class that becomes a
Conditional Opt-In Fund Participant or
a Final Opt-In Fund Participant shall
become a Party to this Proceeding.
No portion of the Fund shall be
withdrawn by, recouped by, or revert to
ETP. If, at the close of the allocation
process set forth in the Agreement, there
is any amount of money remaining in
the fund, that amount shall be paid to
the United States Treasury.
For additional information regarding
the Agreement, please contact:
Enforcement Litigation Staff:
John R. Kroeger, Division of
Investigations, Office of
Enforcement, Federal Energy
Regulatory Commission, 888 First
Street, NE., Washington, DC 20426,
T: (202) 502–8177, E:
john.kroeger@ferc.gov.
Energy Transfer Partners, L.P., et al.
William S. Scherman, Skadden, Arps,
Slate, Meagher & Flom, LLP, 1440
New York Avenue, NW.,
Washington, DC 20005, T: (202)
371–7000, E:
William.scherman@skadden.com.
Conditional Notices are due no later
than sixty (60) days after publication of
this Notice in the Federal Register.
Kimberly D. Bose,
Secretary.
UNITED STATES OF AMERICA BEFORE
THE FEDERAL ENERGY REGULATORY
COMMISSION
Energy Transfer Partners, L.P.
Energy Transfer Company
ETC Marketing, Ltd.
Houston Pipeline Company
Docket No. IN06–3–003
Conditional Notice to Participate in
Settlement Fund
Pursuant to the Federal Energy Regulatory
Commission’s lll, 2009 Order Approving
Settlement, lll FERC ¶ ll (2009), and
Public Notice, l Fed. Reg. l [date of
notice], and in accordance with the
Stipulation and Consent Agreement (the
‘‘Agreement’’) dated August 26, 2009 by
ETP 1 and Enforcement Litigation Staff, the
undersigned, a duly authorized
representative of [company or other entity],
hereby gives notice that [company or other
entity] on behalf of itself and llll
[identify each affiliate, subsidiary or other
1 Capitalized terms in this Conditional Notice
have the meaning provided in the Agreement.
VerDate Nov<24>2008
18:52 Sep 24, 2009
Jkt 217001
entity that may have a Fund Claim], believes
it may have a Fund Claim against one or
more ETP Entities arising from ETP’s Alleged
Conduct and elects to become a Conditional
Opt-In Fund Participant under the terms of
the Agreement.
[The company or other entity] hereby
states and acknowledges that, should it
accept that ultimate allocation of the Fund by
the Fund Administrator and elect to become
a Final Opt-In Fund Participant, it and each
of its affiliates, subsidiaries, or other entities
shall forever waive and release all claims
against ETP based on or arising from, in
whole or in part, the Claims and ETP’s
Alleged Conduct as provided in Paragraph 64
of the Agreement.
[The company or other entity] further
states and acknowledges that by such
election, it shall not be a party to the
Agreement or a party to the Proceeding.
The basis for the Fund Claim of [company
or other entity], together with its affiliates
and related legal entities, is as follows:
[Statement of how the Conditional Opt-In
Fund Participant was purportedly injured by
the Claims or ETP’s Alleged Conduct]
Attached hereto are the following verified
documents and data that support the Fund
Claim and accompanying affidavits of the
following individuals:
[Description of verified documentation and
other data showing sufficient information to
support the Fund Claim and a statement of
how the Conditional Opt-In Fund
Participant was purportedly injured by the
Claims or ETP’s Alleged Conduct. Such
information for physical transactions shall
include, for example, all monthly sales and
purchases made by the Third Party and its
affiliates or other related entities based on,
in whole or part, the IFERC HSC Index for
any or all of the months of September 2003
through December 2006 inclusive; whether
the transaction was a sale or purchase; the
counter-party for each sale or purchase; the
execution date of the transaction; the
applicable sales or purchase price per
MMBtu; all related positions; and all other
information necessary to establish that the
Third Party allegedly suffered a loss. Such
information for derivative financial
transactions shall include, for example, all
instruments owned by the Third Party or its
affiliates or other related entities based on,
in whole or part, the IFERC HSC Index for
any or all of the months of September 2003
through December 2006 inclusive; whether
the instrument had a long or short exposure
to the IFERC HSC Index; the counter-party
for each instrument; the execution date of
the transaction; the applicable price for each
instrument; all related positions; and all
other information necessary to establish that
the Third Party allegedly suffered a loss. The
Conditional Notice may include any other
information on which a Fund Claim is
based.]
Attached hereto and described below as
necessary is any other information upon
which a Fund Claim is based:
[Description of attached documentation or
statement of additional information.]
This submission is subject to the
Commission’s February 11, 2008 Order
PO 00000
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Fmt 4703
Sfmt 4703
48949
Adopting Protective Order and Appendix
thereto, Energy Transfer Partners, L.P., 122
FERC ¶ 61,122 (2008), as it may be modified
by the Commission or the Fund
Administrator.
Electronic copies of this notice, including
all attachments, are being served on each
person designated as a receiving
representative of the Settling Parties to the
Agreement.
Respectfully submitted,
llllllllllllllllllll
[Authorized Representative]
[Name, title, company or other entity,
business address, telephone and email]
UNITED STATES OF AMERICA BEFORE
THE FEDERAL ENERGY REGULATORY
COMMISSION
Energy Transfer Partners, L.P.
Energy Transfer Company
ETC Marketing, Ltd.
Houston Pipeline Company
Docket No. IN06–3–003
COUNTY OF llllllllllllll
STATE OF lllllllllllllll
Declaration of [Authorized Representative]*
I, [Authorized Representative], declare
under penalty of perjury that I am the
authorized representative of [company or
other entity], its affiliates and related legal
entities, with the authority to bind [company
or other entity], its affiliates and related legal
entities, and that the foregoing Conditional
Notice to Participate in Settlement Fund,
together with all attachments, is true, correct,
and complete to the best of my information,
knowledge, and belief.
Executed on this l day of l 2009.
lllllllllllllllllllll
[Authorized Representative]
[Name, title, company or other entity]
Subscribed and Sworn to before me
This l day of l 2009.
lllllllllllllllllllll
Notary Public
My Commission Expires:
* [To be submitted by the duly authorized
representative.]
UNITED STATES OF AMERICA BEFORE
THE FEDERAL ENERGY REGULATORY
COMMISSION
Energy Transfer Partners, L.P.
Energy Transfer Company
ETC Marketing, Ltd.
Houston Pipeline Company
Docket No. IN06–3–003
COUNTY OF llllllllllllll
STATE OF lllllllllllllll
Affidavit of [Affiant]*
I, [Affiant], declare under penalty of
perjury that I am [title] of [company or other
entity] doing business at [business address]
and that the attached documents and data
entitled [identify attached documents and
data] submitted in support of the claim of
[company or other entity] on behalf of itself,
its affiliates and all related legal entities, is
true, correct, and complete to the best of my
information, knowledge, and belief.
Executed on this l day of l 2009.
lllllllllllllllllllll
E:\FR\FM\25SEN1.SGM
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48950
Federal Register / Vol. 74, No. 185 / Friday, September 25, 2009 / Notices
[Affiant]
[Name, business address, telephone]
Subscribed and Sworn to before me
This l day of l 2009.
lllllllllllllllllllll
Notary Public
My Commission Expires:
* [To be submitted for each affiant
necessary to verify the documents and data
submitted.]
jlentini on DSKJ8SOYB1PROD with NOTICES
Declaration of Final Opt-In Fund Participant
and Waiver and Release of Claims
Pursuant to the Federal Energy Regulatory
Commission’s lll 2009 Order Approving
Settlement, l FERC ¶ ll (2009), and
Public Notice, l Fed. Reg. ll [date of
notice], and in accordance with the terms of
the Stipulation and Consent Agreement (the
‘‘Agreement’’) dated August 26, 2009 by and
among ETP 1 and Enforcement Litigation
Staff, the undersigned, a duly authorized
representative of [company or other entity
and each subsidiary, affiliate, or other legal
entity], hereby states that [company or other
entity] accepts the amount of $[amount of
allocation] allocated to it by the Final Fund
Allocation Report of [date of Final Fund
Allocation Report], 2010 and elects to
become a Final Opt-In Fund Participant
pursuant to the terms and conditions
specified in the Agreement.
[The company or other entity] hereby
states and acknowledges that, by such
election for itself, its affiliates and all other
related legal entities, it forever waives and
releases each and every ETP Entity, and each
of their respective, current and former
directors, officers, employees, agents or other
representatives, from each and every past,
existing and future claim for civil damages
and/or penalties and/or equitable relief,
including but not limited to disgorgement
and restitution, whether known or unknown,
suspected or unsuspected, based on or
arising from, in whole or part, the Claims or
ETP’s Alleged Conduct. Such claims include,
but are not limited to any claims relating to
ETP’s Alleged Conduct arising under the
Natural Gas Act, the Natural Gas Policy Act
of 1978, the Energy Policy Act of 2005, the
Commodity Exchange Act, and any
regulation thereunder, any federal or state
antitrust law or consumer protection law,
however denominated, and any state or
common law tort theory, contract theory or
equitable theory.
This declaration is final and binding and
may not be qualified or withdrawn.
Electronic copies of this notice are being
served on each person designated as a
receiving representative of the Settling
Parties to the agreement.
Respectfully submitted,
lllllllllllllllllllll
[Authorized Representative]
[Name, title, company or other entity,
business address, telephone and email]
Attachment(s)
1 Capitalized terms in this Final Notice have the
meaning provided in the Agreement.
VerDate Nov<24>2008
18:52 Sep 24, 2009
Jkt 217001
UNITED STATES OF AMERICA BEFORE
THE FEDERAL ENERGY REGULATORY
COMMISSION
Energy Transfer Partners, L.P.
Energy Transfer Company
ETC Marketing, Ltd.
Houston Pipeline Company
Docket No. IN06–3–003
COUNTY OF llllllllllllll
STATE OF lllllllllllllll
Declaration of [Authorized Representative]
I, [Authorized Representative], declare
under penalty of perjury that I am an
authorized representative of [company or
other entity], its affiliates and related legal
entities, with the authority to bind [company
or other entity], its affiliates and related legal
entities. Under penalty of perjury, the
foregoing Declaration of Final Opt-In Fund
Participant and Waiver and Release of Claims
is true, correct, and complete to the best of
my information, knowledge, and belief.
Executed on this l day of ll 2010.
lllllllllllllllllllll
[Authorized Representative]
[Name, title, company or other entity]
Subscribed and Sworn to before me
This l day of ll 2010.
lllllllllllllllllllll
Notary Public
My Commission Expires:
lllllllllllllllllllll
[FR Doc. E9–23145 Filed 9–24–09; 8:45 am]
BILLING CODE 6717–01–P
ENVIRONMENTAL PROTECTION
AGENCY
[ER–FRL–8597–7]
Environmental Impact Statements and
Regulations; Availability of EPA
Comments
Availability of EPA comments
prepared pursuant to the Environmental
Review Process (ERP), under section
309 of the Clean Air Act and Section
102(2)(c) of the National Environmental
Policy Act as amended. Requests for
copies of EPA comments can be directed
to the Office of Federal Activities at
202–564–7146. An explanation of the
ratings assigned to draft environmental
impact statements (EISs) was published
in FR dated July 17, 2009 (74 FR 34754).
Draft EISs
EIS No. 20090188, ERP No. D–AFS–
K65369–AZ, Pinaleno Ecosystem
Restoration Project, Proposed On-theGround Treatments to Improve Forest
Health and Improve or Protect Red
Squirrel Habitat, Coronado National
Forest, Graham County, AZ.
Summary: EPA does not object to the
proposed project, but did request
clarification of Christmas tree removal
PO 00000
Frm 00050
Fmt 4703
Sfmt 4703
and public firewood gathering issues.
Rating LO.
EIS No. 20090227, ERP No. D–UAF–
K10011–AZ, Barry M. Goldwater
Ranger East Range Enhancements,
Proposes to Take Ten Different
Actions would Enhance Range
Operations and Training, Yuma, Pima
and Maricopa Counties, AZ.
Summary: EPA expressed
environmental concerns about impacts
to surface water and air emissions from
the sand and gravel excavation of
washes. Rating EC2.
EIS No. 20090235, ERP No. D–AFS–
K65374–CA, Sugar Pine Adaptive
Management Project, Proposal to
Create a Network of Strategically
Placed Landscape Area Treatments
(SPLATs) and Defensible Fuels
Profiles near Key Transportation
Corridors to Reduce the Intensity and
Spread of Wildfires across the
landscape and near Communities,
Madera and Mariposa Counties, CA.
Summary: EPA expressed
environmental concerns about impacts
to water and air quality, and requested
for additional information on and
commitments to mitigation measures to
minimize those impacts. Rating EC2.
EIS No. 20090241, ERP No. D–IBR–
H28002–KS, Aquifer Storage Recharge
and Recovery Project, To Provide
Municipal and Industrial (M&I) Water
to City and Surrounding Region,
Equus Beds Division, Wichita Project,
Kansas, Harvey, Sedgwick, and Reno
Counties, KS.
Summary: EPA does not object to the
proposed project Rating LO.
EIS No. 20090253, ERP No. D–AFS–
L65575–OR, Deadlog Vegetation
Management Project, To Implement
Treatments that would Reduce the
Risk of High Intensity, Stand
Replacement Wildlife and the Risk of
Heavy Tree Mortality from Insects and
Disease, Deschutes National Forest
Lands, Deschutes County, OR.
Summary: EPA expressed
environmental concerns about the
project’s potential to impact air quality.
Rating EC2.
EIS No. 20090256, ERP No. D–BLM–
K65378–NV, Round Mountain
Expansion Project, Proposed to
Construct and Operate and Expand
the Existing Open-Pit Gold Mining
and Processing Operations, north of
the town of Tonopah in Nye County,
NV.
Summary: EPA expressed
environmental concerns about impacts
to groundwater and surface water
quality and quantity, riparian areas, and
air quality, and requested additional
E:\FR\FM\25SEN1.SGM
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]]>Agencies
[Federal Register Volume 74, Number 185 (Friday, September 25, 2009)]
[Notices]
[Pages 48948-48950]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-23145]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. IN06-3-003]
Energy Transfer Partners, L.P.; Energy Transfer Company; ETC
Marketing, Ltd.; Houston Pipeline Company; Public Notice of Settlement
September 21, 2009.
Take notice that on September 21, 2009, pursuant to Rule 602 of the
Commission's Rules of Practice and Procedure, 18 CFR 385.602 (2009),
the Commission accepted and approved the Stipulation and Consent
Agreement (``Agreement'') entered into by Energy Transfer Partners,
L.P., et al. (``ETP'') and Enforcement Litigation Staff regarding
settlement of Docket No. IN06-3-003.\1\ Concurrently with this Notice,
the Agreement is being filed as a public document with the Secretary of
the Commission.
---------------------------------------------------------------------------
\1\ Capitalized terms in this Public Notice have the meaning
provided in the Agreement and the Agreement constitutes the complete
agreement of the Settling Parties. All matters in this docket that
pertained to ETP's affiliate, Oasis Pipeline, L.P., were resolved by
a prior settlement approved by the Commission in Oasis Pipeline,
L.P., 126 FERC ] 61,188 (2009).
---------------------------------------------------------------------------
ETP and Enforcement Litigation Staff jointly state that the
Agreement resolves all Claims alleged or asserted in this Proceeding by
the Commission and Enforcement Litigation Staff against ETP, including
the named respondents, any other ETP Entity, and any of its current or
former directors, officers, employees, agents, or other
representatives, relating to manipulation or attempted manipulation of
natural gas prices in alleged violation of the Commission's former
Market Behavior Rule 2.\2\
---------------------------------------------------------------------------
\2\ See Order No. 644, 105 FERC ] 61,217 (2003), formerly
codified at 18 CFR Sec. 284.403(a) (2005). Market Behavior Rule 2
was rescinded in Order No. 673, 114 FERC ] 61,166 (2006).
---------------------------------------------------------------------------
By resolving all Claims through the Agreement, ETP and Enforcement
Litigation Staff agree that the Commission shall dismiss all Claims
against ETP with prejudice, terminate all investigations in this
Proceeding, and forever release ETP and the ETP Entities and their
current or former directors, officers, employees, agents, and other
representatives, and any successor to ETP or the ETP Entities, from any
and all administrative or civil claims for civil penalties and legal
and equitable relief, including disgorgement of profits and
restitution, under any and all theories of alleged liability based on
or arising under in whole or part, the Claims.
Under the terms of the Agreement, ETP will pay Five Million Dollars
($5,000,000.00) in civil monetary penalties to the United States
Treasury.
In addition, under the terms of the Agreement, ETP will establish a
Fund in the amount of Twenty-Five Million Dollars ($25,000,000.00) for
the purpose of disgorging to Final Opt-In Fund Participants alleged
unjust profits based on or arising from ETP's Alleged Conduct. Third
Parties that have asserted claims against ETP in private litigation or
arbitration may become Fund Participants. If, after the allocation of
money to Final Opt-In Fund Participants, there is any Remaining Fund
Amount, such amount shall be available for the purpose of compensating
Third Parties, in whole or part, in connection with the Private
Settlement of Pending Claims or Future Claims.
For purposes of this Proceeding, ETP neither admits nor denies the
Claims. As specified in the Agreement, ETP does not admit or concede to
any Third Party actual or potential fault, wrongdoing, or liability in
connection with any facts or claims that have been or could have been
alleged against it with respect to ETP's Alleged Conduct.
No later than sixty (60) days from the date of the publication of
this Notice in the Federal Register (the ``Fund Notice Period''), any
individual, business entity, or putative class that believes it may
have a claim against any ETP Entity, with respect to the allegations
covered by the Agreement, and elects to become a Conditional Opt-In
Fund Participant, shall cause to be filed with the Commission and
served upon ETP and Enforcement Litigation Staff a written, verified
Conditional Notice as attached.\3\ No claims filed after expiration of
the sixty-day Fund Notice Period shall be considered or eligible for
participation in the Fund. Such submissions shall be treated as subject
to the terms of the Protective Order entered in this Proceeding on
February 11, 2008, Energy Transfer Partners, L.P., 122 FERC ] 61,122
(2008), as such Protective Order may be modified by the Commission or
by an administrative law judge.
---------------------------------------------------------------------------
\3\ The following forms are attached to this notice: (1)
Conditional Notice to Participate in Settlement Fund, along with
associated Declaration of Authorized Representative and Affidavit
forms; and (2) Declaration of Final Opt-in Fund Participant and
Waiver and Release of Claims, along with an associated Declaration
of Authorized Representative form.
---------------------------------------------------------------------------
Within one hundred twenty (120) days after the close of the Fund
Notice Period, the Fund Administrator shall certify to the Commission
and simultaneously serve the Settling Parties and each Conditional Opt-
In Fund Participant an Initial Fund Allocation Report. This report
shall describe the data submitted by each Conditional Fund Participant,
the basis for its claim, its total claim, if any, supported by the data
submitted, the initial allocation of the Fund, and the methodology
employed in reaching the initial allocation of the Fund. The Agreement
provides for Commission review and approval of the report. Within
thirty (30) days after the Initial Fund Allocation Report becomes
final, each Conditional Opt-In Fund Participant shall declare in
[[Page 48949]]
writing whether or not it accepts the allocated amount to become a
Final Opt-In Fund Participant. As a condition of accepting the
allocated amount, each Final Opt-In Participant must agree to forever
waive and release all claims against ETP based on or arising, in whole
or part, from ETP's Alleged Conduct as specified in the Agreement. No
individual, business entity, or putative class that becomes a
Conditional Opt-In Fund Participant or a Final Opt-In Fund Participant
shall become a Party to this Proceeding.
No portion of the Fund shall be withdrawn by, recouped by, or
revert to ETP. If, at the close of the allocation process set forth in
the Agreement, there is any amount of money remaining in the fund, that
amount shall be paid to the United States Treasury.
For additional information regarding the Agreement, please contact:
Enforcement Litigation Staff:
John R. Kroeger, Division of Investigations, Office of Enforcement,
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426, T: (202) 502-8177, E: john.kroeger@ferc.gov.
Energy Transfer Partners, L.P., et al.
William S. Scherman, Skadden, Arps, Slate, Meagher & Flom, LLP,
1440 New York Avenue, NW., Washington, DC 20005, T: (202) 371-7000, E:
William.scherman@skadden.com.
Conditional Notices are due no later than sixty (60) days after
publication of this Notice in the Federal Register.
Kimberly D. Bose,
Secretary.
UNITED STATES OF AMERICA BEFORE THE FEDERAL ENERGY REGULATORY
COMMISSION
Energy Transfer Partners, L.P.
Energy Transfer Company
ETC Marketing, Ltd.
Houston Pipeline Company
Docket No. IN06-3-003
Conditional Notice to Participate in Settlement Fund
Pursuant to the Federal Energy Regulatory Commission's ------,
2009 Order Approving Settlement, ------ FERC ] ---- (2009), and
Public Notice, -- Fed. Reg. -- [date of notice], and in accordance
with the Stipulation and Consent Agreement (the ``Agreement'') dated
August 26, 2009 by ETP \1\ and Enforcement Litigation Staff, the
undersigned, a duly authorized representative of [company or other
entity], hereby gives notice that [company or other entity] on
behalf of itself and -------- [identify each affiliate, subsidiary
or other entity that may have a Fund Claim], believes it may have a
Fund Claim against one or more ETP Entities arising from ETP's
Alleged Conduct and elects to become a Conditional Opt-In Fund
Participant under the terms of the Agreement.
---------------------------------------------------------------------------
\1\ Capitalized terms in this Conditional Notice have the
meaning provided in the Agreement.
---------------------------------------------------------------------------
[The company or other entity] hereby states and acknowledges
that, should it accept that ultimate allocation of the Fund by the
Fund Administrator and elect to become a Final Opt-In Fund
Participant, it and each of its affiliates, subsidiaries, or other
entities shall forever waive and release all claims against ETP
based on or arising from, in whole or in part, the Claims and ETP's
Alleged Conduct as provided in Paragraph 64 of the Agreement.
[The company or other entity] further states and acknowledges
that by such election, it shall not be a party to the Agreement or a
party to the Proceeding.
The basis for the Fund Claim of [company or other entity],
together with its affiliates and related legal entities, is as
follows:
[Statement of how the Conditional Opt-In Fund Participant was
purportedly injured by the Claims or ETP's Alleged Conduct]
Attached hereto are the following verified documents and data
that support the Fund Claim and accompanying affidavits of the
following individuals:
[Description of verified documentation and other data showing
sufficient information to support the Fund Claim and a statement of
how the Conditional Opt-In Fund Participant was purportedly injured
by the Claims or ETP's Alleged Conduct. Such information for
physical transactions shall include, for example, all monthly sales
and purchases made by the Third Party and its affiliates or other
related entities based on, in whole or part, the IFERC HSC Index for
any or all of the months of September 2003 through December 2006
inclusive; whether the transaction was a sale or purchase; the
counter-party for each sale or purchase; the execution date of the
transaction; the applicable sales or purchase price per MMBtu; all
related positions; and all other information necessary to establish
that the Third Party allegedly suffered a loss. Such information for
derivative financial transactions shall include, for example, all
instruments owned by the Third Party or its affiliates or other
related entities based on, in whole or part, the IFERC HSC Index for
any or all of the months of September 2003 through December 2006
inclusive; whether the instrument had a long or short exposure to
the IFERC HSC Index; the counter-party for each instrument; the
execution date of the transaction; the applicable price for each
instrument; all related positions; and all other information
necessary to establish that the Third Party allegedly suffered a
loss. The Conditional Notice may include any other information on
which a Fund Claim is based.]
Attached hereto and described below as necessary is any other
information upon which a Fund Claim is based:
[Description of attached documentation or statement of additional
information.]
This submission is subject to the Commission's February 11, 2008
Order Adopting Protective Order and Appendix thereto, Energy
Transfer Partners, L.P., 122 FERC ] 61,122 (2008), as it may be
modified by the Commission or the Fund Administrator.
Electronic copies of this notice, including all attachments, are
being served on each person designated as a receiving representative
of the Settling Parties to the Agreement.
Respectfully submitted,
-----------------------------------------------------------------------
[Authorized Representative]
[Name, title, company or other entity, business address, telephone
and email]
UNITED STATES OF AMERICA BEFORE THE FEDERAL ENERGY REGULATORY
COMMISSION
Energy Transfer Partners, L.P.
Energy Transfer Company
ETC Marketing, Ltd.
Houston Pipeline Company
Docket No. IN06-3-003
COUNTY OF--------------------------------------------------------------
STATE OF---------------------------------------------------------------
Declaration of [Authorized Representative]*
I, [Authorized Representative], declare under penalty of perjury
that I am the authorized representative of [company or other
entity], its affiliates and related legal entities, with the
authority to bind [company or other entity], its affiliates and
related legal entities, and that the foregoing Conditional Notice to
Participate in Settlement Fund, together with all attachments, is
true, correct, and complete to the best of my information,
knowledge, and belief.
Executed on this -- day of -- 2009.
-----------------------------------------------------------------------
[Authorized Representative]
[Name, title, company or other entity]
Subscribed and Sworn to before me
This -- day of -- 2009.
-----------------------------------------------------------------------
Notary Public
My Commission Expires:
* [To be submitted by the duly authorized representative.]
UNITED STATES OF AMERICA BEFORE THE FEDERAL ENERGY REGULATORY
COMMISSION
Energy Transfer Partners, L.P.
Energy Transfer Company
ETC Marketing, Ltd.
Houston Pipeline Company
Docket No. IN06-3-003
COUNTY OF--------------------------------------------------------------
STATE OF---------------------------------------------------------------
Affidavit of [Affiant]*
I, [Affiant], declare under penalty of perjury that I am [title]
of [company or other entity] doing business at [business address]
and that the attached documents and data entitled [identify attached
documents and data] submitted in support of the claim of [company or
other entity] on behalf of itself, its affiliates and all related
legal entities, is true, correct, and complete to the best of my
information, knowledge, and belief.
Executed on this -- day of -- 2009.
-----------------------------------------------------------------------
[[Page 48950]]
[Affiant]
[Name, business address, telephone]
Subscribed and Sworn to before me
This -- day of -- 2009.
-----------------------------------------------------------------------
Notary Public
My Commission Expires:
* [To be submitted for each affiant necessary to verify the
documents and data submitted.]
Declaration of Final Opt-In Fund Participant and Waiver and Release of
Claims
Pursuant to the Federal Energy Regulatory Commission's ------
2009 Order Approving Settlement, -- FERC ] ---- (2009), and Public
Notice, -- Fed. Reg. ---- [date of notice], and in accordance with
the terms of the Stipulation and Consent Agreement (the
``Agreement'') dated August 26, 2009 by and among ETP \1\ and
Enforcement Litigation Staff, the undersigned, a duly authorized
representative of [company or other entity and each subsidiary,
affiliate, or other legal entity], hereby states that [company or
other entity] accepts the amount of $[amount of allocation]
allocated to it by the Final Fund Allocation Report of [date of
Final Fund Allocation Report], 2010 and elects to become a Final
Opt-In Fund Participant pursuant to the terms and conditions
specified in the Agreement.
---------------------------------------------------------------------------
\1\ Capitalized terms in this Final Notice have the meaning
provided in the Agreement.
---------------------------------------------------------------------------
[The company or other entity] hereby states and acknowledges
that, by such election for itself, its affiliates and all other
related legal entities, it forever waives and releases each and
every ETP Entity, and each of their respective, current and former
directors, officers, employees, agents or other representatives,
from each and every past, existing and future claim for civil
damages and/or penalties and/or equitable relief, including but not
limited to disgorgement and restitution, whether known or unknown,
suspected or unsuspected, based on or arising from, in whole or
part, the Claims or ETP's Alleged Conduct. Such claims include, but
are not limited to any claims relating to ETP's Alleged Conduct
arising under the Natural Gas Act, the Natural Gas Policy Act of
1978, the Energy Policy Act of 2005, the Commodity Exchange Act, and
any regulation thereunder, any federal or state antitrust law or
consumer protection law, however denominated, and any state or
common law tort theory, contract theory or equitable theory.
This declaration is final and binding and may not be qualified
or withdrawn.
Electronic copies of this notice are being served on each person
designated as a receiving representative of the Settling Parties to
the agreement.
Respectfully submitted,
-----------------------------------------------------------------------
[Authorized Representative]
[Name, title, company or other entity, business address, telephone
and email]
Attachment(s)
UNITED STATES OF AMERICA BEFORE THE FEDERAL ENERGY REGULATORY
COMMISSION
Energy Transfer Partners, L.P.
Energy Transfer Company
ETC Marketing, Ltd.
Houston Pipeline Company
Docket No. IN06-3-003
COUNTY OF--------------------------------------------------------------
STATE OF---------------------------------------------------------------
Declaration of [Authorized Representative]
I, [Authorized Representative], declare under penalty of perjury
that I am an authorized representative of [company or other entity],
its affiliates and related legal entities, with the authority to
bind [company or other entity], its affiliates and related legal
entities. Under penalty of perjury, the foregoing Declaration of
Final Opt-In Fund Participant and Waiver and Release of Claims is
true, correct, and complete to the best of my information,
knowledge, and belief.
Executed on this -- day of ---- 2010.
-----------------------------------------------------------------------
[Authorized Representative]
[Name, title, company or other entity]
Subscribed and Sworn to before me
This -- day of ---- 2010.
-----------------------------------------------------------------------
Notary Public
My Commission Expires:
-----------------------------------------------------------------------
[FR Doc. E9-23145 Filed 9-24-09; 8:45 am]
BILLING CODE 6717-01-P
