UNITED STATES OF AMERICA BEFORE THE FEDERAL ENERGY REGULATORY COMMISSION In the Matter of Trans-Pecos Pipeline, LLC § § § Docket No. CP15- -000 APPLICATION FOR NATURAL GAS ACT SECTION 3 AUTHORIZATION AND PRESIDENTIAL PERMIT TO CONSTRUCT NATURAL GAS PIPELINE FACILITIES AT THE UNITED STATES – MEXICO BORDER Filed: May 28, 2015 UNITED STATES OF AMERICA BEFORE THE FEDERAL ENERGY REGULATORY COMMISSION In the Matter of Trans-Pecos Pipeline, LLC § § § Docket No. CP15- -000 APPLICATION FOR NATURAL GAS ACT SECTION 3 AUTHORIZATION AND PRESIDENTIAL PERMIT TO CONSTRUCT NATURAL GAS PIPELINE FACILITIES AT THE UNITED STATES – MEXICO BORDER Trans-Pecos Pipeline, LLC (“Trans-Pecos” or “Applicant”) hereby submits this application (“Application”) for filing to the Federal Energy Regulatory Commission (“Commission” or “FERC”), pursuant to Section 3 of the Natural Gas Act (“NGA”), 15 U.S.C. § 717b, and Subpart B of Part 153 of the Commission’s regulations, 18 C.F.R. Part 153, Subpart B, for Commission authorization to site, construct, operate, and maintain certain natural gas pipeline facilities to export and/or import natural gas between the United States and the Republic of Mexico (“Mexico”) at a point on the International Boundary between the United States near the City of Presidio, in Presidio County, Texas, and Mexico in the vicinity of the City of Manuel Ojinaga, State of Chihuahua (“Presidio Crossing Project” or “Project”). Furthermore, pursuant to this Application, Trans-Pecos hereby requests that the Commission issue a Presidential Permit authorizing Trans-Pecos to site, construct, operate, and maintain the Presidio Crossing Project pursuant to Subpart C of Part 153 of the Commission’s regulations, 18 C.F.R. Part 153, Subpart C, and Executive Order No. 10485, 18 C.F.R. 5397 (1953), as amended by Executive Order No. 12038, 43 C.F.R. 4957 (1978), to export and/or import natural gas between the United States and Mexico. Trans-Pecos respectfully requests that the Commission grant the authorizations requested herein by November 1, 2015, to allow construction activities to commence for the Presidio Crossing Project during the first quarter of 2016. In support of this Application, Trans-Pecos respectfully states the following: Page 2 of 14 I. Correspondence and Communications The names, titles, mailing addresses, phone numbers, and email addresses of the persons to whom correspondence or communications concerning this Application are to be addressed are as follows: * Mr. Roy Patton Senior Vice President Trans-Pecos Pipeline, LLC 3738 Oak Lawn Dallas, Texas 75219-4333 (214) 981-0771 (214) 981-0706 (Fax) Roy.Patton@energytransfer.com * Mr. Kelly Allen, Manager Regulatory Affairs Department Trans-Pecos Pipeline, LLC 1300 Main Street Houston, Texas 77002 (713) 989-2606 (713) 989-1205 (Fax) Kelly.Allen@energytransfer.com * Mr. Jim Wright Deputy General Counsel Trans-Pecos Pipeline, LLC 1300 Main Street Houston, Texas 77002 (713) 989-7010 (713) 989-1212 (Fax) Jim.Wright@energytransfer.com * Mr. James D. Seegers Vinson & Elkins L.L.P. 1001 Fannin Street Suite 2500 Houston, Texas 77002-6760 (713) 758-2939 (713) 615-5206 (Fax) jseegers@velaw.com * Trans-Pecos respectfully requests that the Commission place these persons on the official service list of this proceeding pursuant to 18 C.F.R. § 385.2010 (2014). In addition, service via email (“eService”) is requested in lieu of paper copies. II. Description of Trans-Pecos The exact legal name of the applicant is Trans-Pecos Pipeline, LLC. Trans-Pecos is a domestic limited liability company (“LLC”) formed under the laws of the state of Texas with its principal offices located at 1300 Main Street, Houston, Texas 77002. Trans-Pecos is owned by Energy Transfer Mexicana, LLC, a subsidiary of Energy Transfer Partners, L.P. (“Energy Transfer”). Energy Transfer is a master limited partnership which owns and operates one of the largest and most diversified portfolios of energy assets in the United States. Energy Transfer currently owns and operates approximately 35,000 miles of natural gas and natural gas liquids pipelines. Energy Transfer or an affiliate of Energy Transfer will be the operator of Trans-Pecos. Page 3 of 14 Trans-Pecos currently does not own any pipeline facilities, nor is it currently engaged in any natural gas transportation operations. The Trans-Pecos pipeline system will consist of approximately 143 miles of 42-inch intrastate pipeline and related facilities located within the state of Texas that will be regulated by the Railroad Commission of Texas (“RCT”). Trans-Pecos will be an intrastate pipeline as defined in Section 2(16) of the Natural Gas Policy Act of 1978 (“NGPA”) and 15 U.S.C. § 3301(16), and its principal business will be the transportation of natural gas from a hub on the pipeline grid in West Texas near the Waha Hub in Pecos County, Texas, to a point on the International Boundary between the United States in Presidio County, Texas, and Mexico in the vicinity of the City of Manuel Ojinaga, State of Chihuahua. In addition, after the commencement of intrastate service on the Trans-Pecos pipeline system, Trans-Pecos intends also to provide interstate transportation services under Section 311(a)(2) and Part 284, Subpart C, of the Commission’s regulations on its facilities on an open-access basis for any party requesting service in accordance with Trans-Pecos’s Statement of Operating Conditions (“SOC”). After the commencement of intrastate service, Trans-Pecos intends to submit to the FERC its SOC and a Petition for Rate Approval requesting FERC approval of Section 311 rates. Trans-Pecos is not owned, wholly or in part, by any foreign government entity. Trans-Pecos is not directly or indirectly subsidized by any foreign government entity. In addition, Trans-Pecos has no contracts with any foreign government or person concerning control or operation of or rates for the delivery or receipt of natural gas that may restrict or prevent other United States companies from extending their activities in the same general area affected by Trans-Pecos’s proposal. III. Executive Summary of the Presidio Crossing Project Trans-Pecos will be a new, natural gas intrastate pipeline system that will transport natural gas produced in Texas. After commencing intrastate service on its pipeline system, Trans-Pecos intends to flow natural gas in interstate commerce in accordance with Section 311(a)(2) of the NGPA. TransPecos intends to construct pursuant to the RCT’s jurisdiction approximately 143 miles of 42-inch Page 4 of 14 pipeline, multiple meter stations, and ancillary facilities commencing at a hub on the pipeline grid located in Pecos County, Texas, to a point on the International Boundary between the United States in Presidio County, Texas, and Mexico in the vicinity of the City of Manuel Ojinaga, State of Chihuahua. Attached under Exhibit G of this Application is a geographical Project Map that shows the physical location of facilities to be constructed. The Presidio Crossing Project will consist of approximately 1,093 feet of 42-inch pipeline to be installed by a horizontal directional drill (“HDD”) that will extend from a meter facility on the north side of the Rio Grande River, and traverse under the Rio Grande River to the middle of the river bed at the International Boundary with Mexico. The pipeline portion of the HDD and other facilities to be built on the Mexico side of the International Boundary will be subject to the jurisdiction of the Republic of Mexico and constructed by an affiliate of Trans-Pecos 1. The principal use for the natural gas transported though the Presidio Crossing Project facilities will be to fuel natural gas-fired electric generation plants and supply potential industrial customers in northern Mexico. In accordance with Section 153.7(b) of the Commission's regulations, a detailed summary of the Presidio Crossing Project is provided herein including descriptions of the proposed facilities and all federal and state licenses and permits for the siting, construction, operation, and maintenance, or modification of the Project. All of the Project facilities described herein will be constructed, owned, and operated by Trans-Pecos. The proposed Presidio Crossing Project facilities do not include any LNG facilities or contemplate attaching to any future LNG facilities. IV. Department of Energy Request to Import and Export Trans-Pecos, or an affiliate of Trans-Pecos, will file an application with the Office of Fossil Energy of the Department of Energy (“DOE”) under Section 3 of the Natural Gas Act for short-term authorization to import and export natural gas from and to the Republic of Mexico at any point on the 1 An affiliate of Trans-Pecos, incorporated in the Republic of Mexico, will complete the HDD to install pipeline under the Rio Grande River on the Mexico side of the International Boundary. Trans-Pecos’s affiliate will also construct a short stub pipeline in Mexico from the HDD entry/exit point to an interconnect with the pipeline grid in Mexico. Page 5 of 14 border between the United States and Mexico, which will include the Presidio Crossing Project facilities proposed herein. Trans-Pecos expects that the DOE will grant this import/export application shortly after filing, 2 and Trans-Pecos will submit an informational filing in the instant docket with a copy of the DOE authorization once the import/export application has been granted. Pursuant to Section 153.6(b) of the Commission’s regulations, Trans-Pecos hereby confirms that all required DOE authorizations will be acquired for its Presidio Crossing Project facilities prior to commencement of construction activities. In addition, Trans-Pecos notes that any customer for whom Trans-Pecos provides transportation service on the Presidio Crossing Project facilities is likely to obtain, or has obtained already, its own DOE authorization to import and export natural gas at any point on the border between the United States and Mexico, and the import or export of natural gas for these customers utilizing the Presidio Crossing Project facilities will rely on the customer’s respective DOE authorization for such import or export. V. Jurisdictional Border Crossing Facilities The Presidio Crossing Project facilities that Trans-Pecos proposes to construct and operate will consist of approximately 1,093 feet of 42-inch diameter natural gas pipeline installed by HDD that will commence at the exit or entry point on the north side of the Rio Grande River in Presidio County, Texas, traverse under the Rio Grande River, and terminate in the middle of the river bed at the International Boundary with Mexico.3 The Presidio Crossing Project facilities will have a design capacity of approximately 1.3 billion cubic feet per day (“Bcf/day”) with a maximum allowable 2 Under Section 3 of the NGA, applications for authorization to import and export natural gas from or to the United States are evaluated to determine if the proposed import/export arrangement meets the public interest requirement of Section 3. Under Section 3(c) of the NGA, the import and export of natural gas from and to a nation with which there is in effect a free trade agreement requiring national treatment for trade in natural gas is deemed to be consistent with the public interest and applications for such imports and exports must be granted without modification or delay. The authorization sought by Trans-Pecos or its affiliate to import and export natural gas from and to Mexico, a nation with which a free trade agreement is in effect, meets the Section 3(c) criterion and, therefore, is consistent with the public interest. 3 Trans-Pecos will also be installing within the same HDD drill hole a fiber optic communication network line. As a condition in the contract with a shipper Trans-Pecos must install within the pipeline crossing of the Rio Grande River a fiber optic communication line connecting Mexico and the United States. This fiber optic line will be used for a commercial communication network between Mexico and the United States. Page 6 of 14 operating pressure (“MAOP”) of 1,440 pounds per square inch gauge (“psig”). It is expected that the facility will operate at approximately 850 psig. The Presidio Crossing Project will cost approximately $3.6 million. The HDD construction site in the United States will require approximately 7.1 acres of temporary workspace, and the Project will require a 50-foot wide permanent easement in the United States consisting of approximately 1.3 acres. Trans-Pecos states that the related facilities on the Mexican side of the border will include approximately 907 feet of a 42-inch pipeline HDD to be built from the International Boundary in the middle of the Rio Grande River to a point in Mexico southwest of the International Boundary, as well as a short stub pipeline from the HDD exit point to an interconnect with the pipeline grid in Mexico. All non-jurisdictional pipeline facilities built by Trans-Pecos on the Mexico side of the International Boundary, and in the State of Chihuahua will be initially owned by an affiliate of Trans-Pecos. The Commission has delegated authority to issue Presidential Permits for border crossing facilities and direct authority to grant Section 3 authorizations for import and export facilities.4 In a Southern LNG Inc. proceeding, the Commission noted that when companies construct a pipeline to transport import or export volumes, only a small segment of the pipeline close to the border is deemed to be the import or export facility for which Section 3 authorization is necessary; the rest of the pipeline may be jurisdictional under Section 7 if it will be used to transport natural gas in interstate commerce, or NGA exempt if it will be used to gather natural gas or, as is the case here, for intrastate transportation service.5 In addition to only requiring NGA Section 3 authorization for border crossing facilities, the Commission should find in this proceeding with respect to Trans-Pecos pipeline, as it has for similar applications where non-jurisdictional pipelines were to be constructed upstream of the border crossing facilities, that there is not sufficient Federal control and responsibility over the 4 See, e.g., El Paso Natural Gas Co., 140 FERC ¶ 61,174 at n.1 (2012); Bluewater Gas Storage, LLC, 139 FERC ¶ 61,233 at P 9 (2012). 5 See Southern LNG Inc., 131 FERC ¶ 61,155 at n.17 (2010). Page 7 of 14 project’s connecting non-jurisdictional intrastate pipeline project as a whole to warrant the Commission conducting an environmental analysis of the Trans-Pecos pipeline.6 VI. Non-Jurisdictional Intrastate Pipeline Facilities Trans-Pecos, pursuant to the jurisdiction of the RCT, proposes to construct and operate its new Trans-Pecos natural gas pipeline system which will comprise approximately 143 miles of 42-inch pipeline, multiple receipt and delivery meter stations, and other auxiliary facilities extending from a hub in Pecos County, Texas, and terminating at the International Boundary near the City of Presidio, in Presidio County, Texas. The Trans-Pecos pipeline will have a capacity of approximately 1.3 Bcf/day with an MAOP of 1,440 psig. Trans-Pecos anticipates installing interconnects with other intrastate pipelines and processing plants at or near the Waha Hub and in the surrounding area and ultimately with interstate pipelines in the area. The Trans-Pecos pipeline will traverse through the Texas Counties of Pecos, Brewster, and Presidio with potential interconnects with towns and municipalities before terminating at the International Boundary. The Trans-Pecos pipeline is expected to transport predominantly Texas-sourced natural gas pursuant to the jurisdiction of the RCT, but may also transport non-Texas-sourced natural gas in interstate service pursuant to NGPA Section 311(a)(2) to the Presidio Crossing Project and to other future in-state delivery options. The Trans-Pecos pipeline facilities are exempt from the Commission’s NGA Section 7 certificate jurisdiction because the facilities will provide transportation services in intrastate commerce under the jurisdiction of the RCT. The Presidio Crossing Project facilities proposed in this Application are to be utilized to export and/or import natural gas between the United States and 6 See Oasis Pipeline, L.P., 127 FERC ¶ 61,263 (2009) (188 miles of non-jurisdictional intrastate pipeline to be built upstream of the border crossing facilities); Coral Mexico Pipeline, LLC, 89 FERC ¶ 61,171 (1999) (97 miles of non-jurisdictional intrastate pipeline to be built upstream of the border crossing facilities); San Diego Gas & Electric Co. et al., 64 FERC ¶ 61,221 (1993) (110 miles of non-jurisdictional intrastate pipeline to be built upstream of the border crossing facilities); Reef International, L.L.C., 99 FERC ¶ 61,221 (2002) (4 miles of non-jurisdictional intrastate pipeline to be built upstream of the border crossing facilities); West Texas Gas, Inc., 101 FERC ¶ 61,058 (2002) (9 miles of non-jurisdictional intrastate pipeline to be built upstream of the border crossing facilities); Coastal States Gas Transmission Co., 78 FERC ¶ 61,046 (1997) (18 miles of non-jurisdictional intrastate pipeline to be built upstream of the border crossing facilities); MidCon Texas Pipeline Corp., 77 FERC ¶ 61,205 (1996) (15 miles of nonjurisdictional intrastate pipeline to be built upstream of the border crossing facilities). Page 8 of 14 Mexico. As the Commission has previously determined, “foreign commerce” does not constitute “interstate commerce.” 7 Therefore, the Commission’s Section 7 jurisdiction is not invoked in the instant proceeding as to such export and/or import of natural gas. VII. The Proposed Project is in the Public Interest Section 3 of the NGA dictates that the Presidio Crossing Project shall be approved unless such approval will not be consistent with the public interest. 8 The siting, construction, operation, and maintenance of the proposed Presidio Crossing Project are not inconsistent with the public interest.9 Section 3(c) of the NGA provides that the importation and exportation of natural gas to a nation with which there is in effect a free trade agreement requiring national treatment for trade in natural gas, shall be deemed to be consistent with the public interest, and applications for such importation or exportation shall be granted without modification or delay. Therefore, Trans-Pecos requests that the Commission expeditiously approve Trans-Pecos’s request for approval of the Presidio Crossing Project facilities. Furthermore, in accordance with the requirements under Section 153.7(c) of the Commission’s regulations, Trans-Pecos states that its Presidio Crossing Project is not inconsistent with the public interest for the following reasons: • The proposal will promote the goals stated in the North American Free Trade Agreement (“NAFTA”) that relate to the cooperative economic development in the United States and Mexico. Transportation of natural gas by Trans-Pecos utilizing the Presidio Crossing Project facilities will assist Mexico in meeting future and current natural gas demands consistent with the policies espoused by NAFTA. 10 7 Houston Pipe Line Co. LP, 60 FERC ¶ 61,260 at 61,860 (1992); Michigan Consolidated Gas Company – Utility Division, 48 FERC ¶ 61,300 at 61,958 (1989). 8 15 U.S.C. § 717b(a) (2006). 9 See 15 U.S.C. § 717b(a). 10 The United States and Mexico are both signatories to the North American Free Trade Agreement (NAFTA). The border-crossing facilities are needed to export gas to meet the expanding fuel demand for power Page 9 of 14 • The Presidio Crossing Project will enable the transport of natural gas for export and/or import between the United States and Mexico to meet the needs of the expanding electric generation and industrial markets in Mexico and the ability to import, as well as export, natural gas on the Project facilities will enhance the reliability of services on both sides of the border. As such, the Presidio Crossing Project facilities will expand the market for domestically produced gas. The Presidio Crossing Project will further national economic policy by stimulating the flow of goods and services between the United States and Mexico, in the process improving our international balance of payments. • The Presidio Crossing Project will not involve any existing contracts between Trans-Pecos and a foreign government or person concerning the control of operations or rates for the delivery or receipt of natural gas which may restrict or prevent other United States companies from extending their activities in the same general area. • The Presidio Crossing Project will provide an additional market for domestic producers of natural gas. VIII. Landowner Notification Section 153.3 of the Commission’s regulations provides that applications to construct Part 153 facilities are subject to the Landowner Notification requirements as set forth in 18 C.F.R. §157.6(d). In accordance with these provisions, Trans-Pecos will make a good faith effort to notify all affected landowners, towns, communities, and local, state and federal governments and agencies involved in the Presidio Crossing Project either by certified or first class mail, sent within three (3) business days, following the date the Commission issues notice of the Application, or by hand, within the same period. Trans-Pecos does not anticipate any additional lands for construction, or easement generation and industrial activity in Mexico, and authorization for construction of the facilities therefore will promote national economic policy by reducing barriers to foreign trade and stimulating the flow of goods and services between the United States and Mexico by facilitating the transportation of natural gas imports and exports authorized by DOE’s Office of Fossil Energy. See Houston Pipe Line Company LP, 146 FERC ¶ 61,195 (2014). Page 10 of 14 negotiations for the Project. A list of affected landowners is provided under Exhibit F, Appendix B which is designated as Privileged Information. IX. Environmental Information Pursuant to 18 C.F.R. § 153.8(a)(7), an analysis of the environmental impacts for the Presidio Crossing Project are included in the Environmental Report (“ER”) under Exhibit F with this Application. Trans-Pecos has concluded from its environmental review that its Project construction will not individually or cumulatively have a significant effect on the quality of human health, the environment, or landowners. Included in the attached ER is, among other things, Table 1.7, Project Permits and Approvals, which provides a listing and status of required clearances for the federal and state licenses or permits for the construction and operation of facilities in the United States related to the Project. Trans-Pecos agrees to comply with all mitigation requirements stated in the environmental clearances from the federal and state agencies for the proposed Project. The Presidio Crossing Project will incorporate proven construction techniques and mitigation procedures and will result in minimal impact on the quality of human health, the environment, landowners, or surrounding communities. In addition, Trans-Pecos states that all construction and restoration activities for the Project will adopt the FERC’s currently effective Upland Erosion Control, Revegetation and Maintenance Plan, and the FERC’s Wetland and Waterbody Construction and Mitigation Procedures issued in May 2013. X. Certification Pursuant to the Natural Gas Pipeline Safety Act of 1968, Trans-Pecos certifies that the Presidio Crossing Project facilities proposed herein will be designed, constructed, tested, operated, replaced, and maintained in accordance with the requirements of Title 49, Part 192, of the Code of Federal Regulations, or any superseding federal or state safety code applicable to natural gas transmission pipelines. In addition, all construction and restoration activities will be performed in Page 11 of 14 accordance with the environmental plans, procedures, and guidelines included in the Environmental Report under Exhibit F. XI. Exhibits In accordance with Sections 153.4, 153.8, and 153.16 of the Commission’s regulations, the following exhibits are attached or have been omitted for the reason indicated. Verification Statement Submitted herein. Federal Register Notice Submitted herein. Exhibit A Articles of Incorporation Submitted herewith is a certified copy of the Certificate of Formation for Trans-Pecos. Exhibit B Statement of Financial and Corporate Relationship La Grange Acquisition, L.P. acquired 100% ownership of TransPecos Pipeline, LLC on December 5, 2014. La Grange Acquisition, L.P. is a subsidiary of Energy Transfer Partners, L.P. Exhibit C Statement of Opinion of Counsel Submitted herewith is a statement, including signed opinion of counsel, showing that the construction, operation, or modification of facilities for the export or the import of natural gas is within the authorized powers of Applicant and that Applicant has complied with laws and regulations of the state or states in which Applicant operates. Exhibit D Construction and Operation Agreement Trans-Pecos and the interconnecting pipeline in Mexico will enter into an interconnection agreement with respect to the interconnection of the Presidio Crossing Project facilities and the pipeline system in Mexico. Trans-Pecos will file a copy of this agreement as soon as it is finalized and executed. Exhibit E Import or Export of LNG Report Omitted. Not applicable. Exhibit E-1 Report on Earthquake Hazards and Engineering Concerns for LNG Facility Siting Omitted. Not applicable. Page 12 of 14 Exhibit F Environmental Report Submitted herewith. Resource Report 1, Appendix B, Landowners Affected by Construction and Operations; and Resource Report 4, Appendix E, Cultural Resource Survey Report, are designated as Privileged and Confidential Information. Trans-Pecos requests that these documents be treated as privileged information pursuant to Section 388.112 of the Commission’s regulations. Exhibit G Map of Presidio Crossing Project Facilities Submitted herewith in Exhibit F, Environmental Report, Illustrations, are Figure 1 Project Vicinity Map and Figure 2 Project Location Map. Exhibit H Required Federal Authorizations Submitted herewith in Exhibit F, Environmental Report, Resource Report 1, is Table 1.7, Project Permits and Approvals. Trans-Pecos is eFiling its Application with the Commission’s Secretary in accordance with the applicable guidelines under Commission Order No. 703 issued November 15, 2007, in Docket No. RM07-16-000 11 and pursuant to the Commission’s regulations in Section 385.2003(c)(1) and the Commission’s guidelines. 12 Trans-Pecos shall deliver two (2) courtesy paper copies of its application to the Office of Energy Projects, Room 62-46 and one courtesy paper copy to the Office of General Counsel, Room 101-56 no later than the business day following submittal of the eFiling. Trans-Pecos shall enclose therewith a copy of the eFiling “Confirmation of Receipt” email as the cover page. XII. Conclusion WHEREFORE, Trans-Pecos requests that pursuant to NGA Section 3 and Subpart B of Part 153 of the Commission’s regulations, the Commission authorize Trans-Pecos to site, construct, operate, and maintain the Presidio Crossing Project as described herein. Trans-Pecos further requests, pursuant to Subpart C of Part 153 of the Commission’s regulations and Executive Order Nos. 10485 and 12038, that the Commission issue Trans-Pecos a Presidential Permit authorizing Trans-Pecos to site, construct, operate, and maintain the same Presidio Crossing Project facilities and that the 11 Filing Via the Internet, Order No. 703, 121 FERC ¶ 61,171 (2007). 12 18 C.F.R. § 385.2003(c)(1) (2014). See Federal Energy Regulatory Commission Submission Guidelines, Instructions Specific to eFiled Submissions (Jan. 14, 2014); see also Federal Energy Regulatory Commission Filing Guide/Qualified Documents List (Apr. 22, 2014). Page 13 of 14 Commission grant the authorizations herein requested by November 1, 2015, so as to permit the construction of the Presidio Crossing Project in as timely a manner as possible. Accordingly, TransPecos submits that the authorizations requested herein are consistent with the public interest. Respectfully submitted, /s/ Jim Wright ______________________ Mr. Jim Wright Deputy General Counsel Trans-Pecos Pipeline, LLC Page 14 of 14 VERIFICATION STATEMENT STATE OF TEXAS ) COUNTY OF HARRIS ) Jim Wright, being duly sworn on his oath, states that he is Deputy General Counsel for Trans-Pecos Pipeline, LLC, that he is authorized to execute this Verification, that he has read the above and foregoing Application and is familiar with the content thereof, and that all allegations and facts contained therein are true and correct to the best of his knowledge, information, and belief. /s/ Jim Wright _______________________ Mr. Jim Wright, Deputy General Counsel Subscribed and sworn to before me this _______ day of May 2015. Name: ____________________________ Title: Notary Public in the State of Texas My Commission Expires: ____________________ Trans?Pecos Pipeline, LLC Presidio Crossing Project Notice of Application UNITED STATES OF AMERICA FEDERAL ENERGY REGULATORY COMMISSION Trans-Pecos Pipeline, LLC Docket No. CP15-___-000 NOTICE OF APPLICATION (May __, 2015) Take notice that on May 28, 2015, Trans-Pecos Pipeline, LLC (“Trans-Pecos”), 1300 Main Street, Houston, TX 77002, filed an application in Docket No. CP15-000. Included in that filing is an application pursuant to Section 3 of the Natural Gas Act (NGA), 15 U.S.C. § 717b, and Subpart B of Part 153 of the Commission's regulations, 18 C.F.R. Part 153, Subpart B for Commission authorization to site, construct, operate, and maintain certain natural gas pipeline facilities to export and/or import natural gas between the United States and the Republic of Mexico at a point on the International Boundary between the United States in Presidio County, Texas and the Republic of Mexico in the vicinity of the City of Manuel Ojinaga, State of Chihuahua (Presidio Crossing Project). Furthermore, Trans-Pecos requests that the Commission issue a Presidential Permit authorizing Trans-Pecos to site, construct, operate, and maintain the Presidio Crossing Project pursuant to Subpart C of Part 153 of the Commission’s regulations, 18 C.F.R. Part 153, Subpart C, and Executive Order No. 10485, 18 C.F.R. 5397 (1953), as amended by Executive Order No. 12038, 43 C.F.R. 4957 (1978) to export and/or import natural gas between the United States and Mexico. Any questions regarding this application should be directed to Mr. Kelly Allen, Manager, Regulatory Affairs Department, Trans-Pecos Pipeline, LLC, 1300 Main Street, Houston, TX 77002, or call (713) 989-2606 or fax (713) 989-1205. Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9, within 90 days of this Notice the Commission staff will either: complete its environmental assessment (EA) and place it into the Commission’s public record (eLibrary) for this proceeding; or issue a Notice of Schedule for Environmental Review. If a Notice of Schedule for Environmental Review is issued, it will indicate, among other milestones, the anticipated date for the Commission staff's issuance of the final environmental impact statement (FEIS) or EA for this proposal. The filing of the EA in the Commission’s public record for this proceeding or the issuance of a Notice of Schedule for Environmental Review will serve to notify federal and state agencies of the timing for the completion of all necessary reviews, and the subsequent need to complete all federal authorizations within 90 days of the date of issuance of the Commission staff's FEIS or EA. There are two ways to become involved in the Commission's review of this project. First, any person wishing to obtain legal status by becoming a party to the proceedings for this project should, on or before the comment date stated below, file with the Federal Energy Regulatory Commission, 888 First Street, NE, Washington, DC 20426, a motion to intervene in accordance with the requirements of the Commission's Rules of Practice and Procedure (18 CFR 385.214 or 385.211) and the Regulations under the NGA (18 CFR 157.10). A person obtaining party status will be placed on the service list maintained by the Secretary of the Commission and will receive copies of all documents filed by the applicant and by all other parties. A party must submit an original and five (5) copies of filings made with the Commission and must mail a copy to the applicant and to every other party in the proceeding. Only parties to the proceeding can ask for court review of Commission orders in the proceeding. However, a person does not have to intervene in order to have comments considered. The second way to participate is by filing with the Secretary of the Commission, as soon as possible, an original and two copies of comments in support of or in opposition to this project. The Commission will consider these comments in determining the appropriate action to be taken, but the filing of a comment alone will not serve to make the filer a party to the proceeding. The Commission's rules require that persons filing comments in opposition to the project provide copies of their protests only to the party or parties directly involved in the protest. Persons who wish to comment only on the environmental review of this project should submit an original and two copies of their comments to the Secretary of the Commission. Environmental commenters will be placed on the Commission's environmental mailing list, will receive copies of the environmental documents, and will be notified of meetings associated with the Commission's environmental review process. Environmental commenters will not be required to serve copies of filed documents on all other parties. However, the non-party commenters will not receive copies of all documents filed by other parties or issued by the Commission (except for the mailing of environmental documents issued by the Commission) and will not have the right to seek court review of the Commission's final order. The Commission strongly encourages electronic filings of comments, 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 five (5) 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 email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please email FERCOnlineSupport@ferc.gov, or call (866) 208-3676 (toll free). For TTY, call (202) 502-8659. Comment Date: June __________, 2015 Kimberly D. Bose, Secretary Exhibit A Trans?Pecos Pipeline, LLC Presidio Crossing Project Articles of Incorporation Exhibit Trans?Pecos Pipeline, LLC Presidio Crossing Project Opinion of Counsel Federal Energy Regulatory Commission 888 First Street, N.E. Washington, D.C. 20426 Re: APPLICATION FOR NATURAL GAS ACT SECTION 3 AUTHORIZATION AND PRESIDENTIAL PERMIT TO CONSTRUCT NATURAL GAS PIPELINE FACILITIES AT THE UNITED STATES – MEXICO BORDER Ladies and Gentlemen: Pursuant to Section 3 of the Natural Gas Act (“NGA”), 15 U.S.C. § 717b,, and subpart B of Part 153 of the Federal Energy Regulatory Commission (“Commission”) regulations (18 C.F.R. Part 153, Subpart B), Trans-Pecos Pipeline, LLC (“Applicant”) has or will submit an application (“Application”) requesting Commission authorization to site, construct, operate, and maintain certain natural gas pipeline facilities to export and/or import natural gas between the United States and Mexico at a point on the International Boundary between the United States and Mexico in Presidio County, Texas (“Presidio Crossing Project”). Applicant further requests in the Application issuance of a Presidential Permit authorizing Applicant to construct, operate, and maintain the same Presidio Crossing Project, pursuant to Subpart C of Part 153 of the Commission’s regulations, 18 C.F.R. Part 153, Subpart C, and Executive Order No. 10,485, 18 F.R. 5397 (1953), as amended by Executive Order No. 12,038, 43 F.R. 4957 (1978). The Commission’s regulations require an opinion of counsel as to certain matters in connection with the Application. I have reviewed the formation documents of Trans-Pecos Pipeline, LLC and such other documents as deemed necessary. Based on my review of these documents, I am of the opinion that: (1) Applicant is duly formed and validly existing; and (2) the execution and delivery of the Application, and the consummation of the transactions contemplated thereby, (i) are within the authorized powers of Applicant and (ii) will not violate any law, permit, authorization, approval or license to which Applicant is subject or any provision of Applicant’s organizational documents. This opinion has been prepared solely for the use of Applicant in connection with the Application and should not be used for any other purpose, nor relied upon by any other person. Sincerely, /s/ Jim Wright __________________________ Mr. Jim Wright Deputy General Counsel Trans-Pecos Pipeline, LLC Exhibit Trans?Pecos Pipeline, LLC Presidio Crossing Project Environmental Report Appendix E Trans-Pecos Pipeline, LLC Presidio Crossing Project Volume II Cultural Resource Survey Report Privileged Information – Do Not Release The attached Cultural Resource Survey Report is designated as Privileged Information pursuant to Section 388.112 of the Commission’s regulations. This Privileged Information was removed from the Environmental Report, Resource Report 4, and placed under Volume II. Appendix B Trans-Pecos Pipeline, LLC Presidio Crossing Project Volume II Landowner Affected by Construction and Operations Privileged Information – Do Not Release The attached list of Landowner Affected by Construction and Operations is designated as Privileged Information pursuant to Section 388.112 of the Commission’s regulations. This Privileged Information was removed from the Environmental Report, Resource Report 1, and placed under Volume II.