Kinetica Partners Notice 1702
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August 1, 2025
Ms. Debbie-Anne Reese, Secretary
Federal Energy Regulatory Commission
888 First Street, N.E.
Washington, D.C., 20426
Re:
Kinetica Energy Express, LLC
Reservation of Capacity for Future Expansions Modification
Docket No. RP25- -000
Dear Ms. Reese:
Pursuant to Section 4 of the Natural Gas Act and Part 154 of the Regulations of the Federal
Energy Regulatory Commission (“Commission”), 18 C.F.R. Part 154, Kinetica Energy Express,
LLC (“KEE”) hereby tenders for filing and acceptance the tariff records listed on Appendix A for
inclusion in its FERC Gas Tariff, Original Volume No. 1 (“Tariff”). KEE respectfully requests
that the Commission accept these Tariff records to be effective September 1, 2025.
Statement of Nature, Reasons, and Basis for the Filing
Proposed new General Terms and Conditions Section 15 permits KEE to reserve, for future
expansion or extension projects, any available capacity, or capacity under expiring or terminating
service agreements, where such capacity is not subject to term extension rights. The Commission
has previously found that the reservation of capacity under these circumstances will “minimize
facility construction and associated environmental impacts, will encourage fuller utilization of
capacity, and will minimize the rate impact of allocating costs of unsubscribed capacity to existing
customers once the pipeline completes the expansion.”1 Pursuant to Commission policy,2 KEE
proposes procedures permitting KEE to reserve such capacity for up to twelve (12) months prior
to filing a certificate application for the expansion/extension project, and thereafter until the
facilities are placed into service. Such capacity will first be posted in an auction for at least five
(5) business days, to ensure that all potential customers have a reasonable opportunity to acquire
the available capacity before KEE reserves such capacity for a future expansion/extension project.
For the reasons stated above, KEE believes that the Tariff revisions proposed herein are
consistent with Commission policy and precedent, and therefore should be approved, as proposed,
1 Midwestern Gas Transmission Company, 106 FERC ¶ 61,229, at P 6 (2004).
2 Gulf South Pipeline Company, LP, 132 FERC ¶ 61,145, at P 9 (2010); Transcontinental Gas Pipe Line
Corp., 118 FERC ¶ 61,234, at P 10 (2007).
Ms. Debbie-Anne Reese, Secretary
Federal Energy Regulatory Commission
Page 2
to be effective September 1, 2025.
Procedural Matters
In accordance with the applicable provisions of Part 154 of the Commission’s regulations,
KEE is submitting an eTariff XML filing package in PDF format containing the following
information:
(1)
This transmittal letter;
(2)
Appendix A, a list of the proposed Tariff records; and
(3)
Appendix B, the clean and marked versions of the proposed Tariff records.
The names, titles, and mailing addresses of the persons to whom correspondence and
communications concerning this filing should be directed are as follows:
Bill Prentice
General Counsel
Kinetica Energy Express, LLC
1001 McKinney
Houston, TX 77002
(713) 228-3347
bill.prentice@kineticallc.com
Kirk Morgan
Faren Bartholomew
Bracewell LLP
2001 M Street, NW
(202) 828-5800
kirk.morgan@bracewell.com
faren.bartholomew@bracewell.com
These persons have been designated for service in accordance with Rule 203 of the
Commission’s Rules of Practice and Procedure, 18 C.F.R. § 385.203.
The undersigned certifies that a copy of this filing has been served on KEE’s customers
and affected state regulatory commissions in accordance with the requirements of Sections
154.208 and 385.2010 of the Commission's regulations. A paper copy of this filing may only be
served if a customer has been granted waiver of electronic service pursuant to 18 C.F.R. Part 390
of the Commission’s regulations.
Pursuant to 18 C.F.R. § 385.2005 and § 385.2011(c)(5) of the Commission’s regulations,
the undersigned has read this filing and knows its contents, and the contents are true as stated, to
the best knowledge and belief of the undersigned.
Effective Date
KEE respectfully requests that the Commission grant all waivers of its regulations that may
be necessary for the Commission to accept the proposed Tariff records listed on Appendix A to be
effective September 1, 2025.
Pursuant to Section 154.7(a)(9) of the Commission’s regulations, KEE hereby moves to
place the revised Tariff records listed on Appendix A into effect on the requested effective date or
at the expiration of any suspension period set by the Commission. If the Commission conditions
the acceptance of this filing in any way, KEE reserves the right to withdraw the proposed Tariff
Ms. Debbie-Anne Reese, Secretary
Federal Energy Regulatory Commission
Page 3
records or to file a later motion to place such Tariff records into effect at a later date.
Any questions regarding this filing may be directed to the undersigned at (713) 228-3347.
Respectfully submitted,
KINETICA ENERGY EXPRESS, LLC
By:
/s/
Bill Prentice
Bill Prentice
General Counsel
Enclosures
APPENDIX A
Kinetica Energy Express, LLC
FERC Gas Tariff
Original Volume No. 1
List of Tariff Records
Sheet No.
Description and Title
Sheet No. 95C
General Terms and Conditions, Capacity Reservation for
Expansion/Extension Projects
APPENDIX B
Kinetica Energy Express, LLC
TARIFF RECORDS
14.3(i) Transporter's Scheduling Authority.
Transporter shall have the right to act as a scheduling agent for a Shipper's
account if (i) the Shipper refuses to schedule Gas receipts as specified by an OFO
issued pursuant to Section 14.3(d) above; or (ii) if Transporter requires
additional quantities in less than the twenty-four (24) hour notice period
normally required for an OFO, and the Shipper has refused a verbal request to
schedule the required quantity of Gas.
14.3(j) Reporting.
Within a reasonable time period after an OFO terminates, Transporter will post a
report containing information on the factors that caused the OFO to be imposed
and to be terminated.
15.
CAPACITY RESERVATION FOR EXPANSION/EXTENSION PROJECTS
To the extent Transporter has: (i) available capacity; or (ii) capacity under expiring or terminating service
agreements where such capacity is not subject to a Right of First Refusal or any other term extension rights,
Transporter reserves the right, but shall not be obligated, to reserve such capacity for a future expansion or
extension project. Transporter may reserve capacity for a future expansion or extension project for which an
auction has been held or will be held within twelve (12) months of the date on which Transporter posts such
capacity as being reserved. Any capacity reserved pursuant to this Section 15 must first be posted as available
capacity on Transporter’s Informational Posting Site for at least five (5) Business Days. Any minimum terms
and conditions imposed in an auction for capacity to be reserved must not materially differ so as to be more
restrictive than the terms and conditions imposed in the expansion or extension project auction. In the event
that a subsequent expansion or extension project auction imposes minimum terms and conditions that are
materially different from the minimum terms and conditions imposed for the reserved capacity auction,
Transporter shall hold another auction for the reserved capacity that uses the same minimum terms and
conditions as were imposed for the expansion or extension project auction. Any capacity reserved under this
Section 15 may be reserved for up to twelve (12) months prior to the date on which Transporter shall file for
certificate approval for proposed construction of a related project and thereafter until all expansion or
extension facilities are placed into service. Any capacity reserved for a future expansion or extension project
that does not go forward for any reason shall be reposted as generally available within thirty (30) days of the
date the reserved capacity becomes available.
16.
RIGHT OF FIRST REFUSAL (“ROFR”)
16.1
Purpose of Section. Subject to the procedures and conditions set forth in the following subsections of
this Section 16, a firm Shipper that is served by Transporter pursuant to a Transportation Agreement
under this Tariff with a primary term of one (1) year or longer at the currently effective maximum
reservation rate stated on Sheet No. 5, plus all applicable surcharges, shall be afforded a regulatory
right of first refusal, at the end of such primary term or any extension thereof of one (1) year or longer,
to continue its firm capacity entitlements under the Transportation Agreement. For purposes of this
Section 16, any such firm Shipper is hereinafter referred to as a "ROFR Shipper".
16.2
Limitation on Applicability of Section. If Transporter and the ROFR Shipper agree on the terms and
conditions of continued service before the posting of available capacity described in subsection 16.4 of
this Section 16, or if Transporter is willing to permit the automatic extension of the Transportation
Agreement in accordance with its terms, or if the ROFR Shipper has given notice of termination of the
Transportation Agreement in accordance with its terms, then Transporter shall forego the posting,
competitive bidding, and right of first refusal procedures of this Section 16.
14.3(i) Transporter's Scheduling Authority.
Transporter shall have the right to act as a scheduling agent for a Shipper's
account if (i) the Shipper refuses to schedule Gas receipts as specified by an OFO
issued pursuant to Section 14.3(d) above; or (ii) if Transporter requires
additional quantities in less than the twenty-four (24) hour notice period
normally required for an OFO, and the Shipper has refused a verbal request to
schedule the required quantity of Gas.
14.3(j) Reporting.
Within a reasonable time period after an OFO terminates, Transporter will post a
report containing information on the factors that caused the OFO to be imposed
and to be terminated.
15.
RESERVED FOR FUTURE USE CAPACITY RESERVATION FOR EXPANSION/EXTENSION PROJECTS
To the extent Transporter has: (i) available capacity; or (ii) capacity under expiring or terminating service
agreements where such capacity is not subject to a Right of First Refusal or any other term extension rights,
Transporter reserves the right, but shall not be obligated, to reserve such capacity for a future expansion or
extension project. Transporter may reserve capacity for a future expansion or extension project for which an
auction has been held or will be held within twelve (12) months of the date on which Transporter posts such
capacity as being reserved. Any capacity reserved pursuant to this Section 15 must first be posted as available
capacity on Transporter’s Informational Posting Site for at least five (5) Business Days. Any minimum terms
and conditions imposed in an auction for capacity to be reserved must not materially differ so as to be more
restrictive than the terms and conditions imposed in the expansion or extension project auction. In the event
that a subsequent expansion or extension project auction imposes minimum terms and conditions that are
materially different from the minimum terms and conditions imposed for the reserved capacity auction,
Transporter shall hold another auction for the reserved capacity that uses the same minimum terms and
conditions as were imposed for the expansion or extension project auction. Any capacity reserved under this
Section 15 may be reserved for up to twelve (12) months prior to the date on which Transporter shall file for
certificate approval for proposed construction of a related project and thereafter until all expansion or
extension facilities are placed into service. Any capacity reserved for a future expansion or extension project
that does not go forward for any reason shall be reposted as generally available within thirty (30) days of the
date the reserved capacity becomes available.
16.
RIGHT OF FIRST REFUSAL (“ROFR”)
16.1
Purpose of Section.
Subject to the procedures and conditions set forth in the following subsections
of this Section 16, a firm Shipper that is served by Transporter pursuant to a Transportation
Agreement under this Tariff with a primary term of one (1) year or longer at the currently
effective maximum reservation rate stated on Sheet No. 5, plus all applicable surcharges, shall be
afforded a regulatory right of first refusal, at the end of such primary term or any extension thereof
of one (1) year or longer, to continue its firm capacity entitlements under the Transportation
Agreement. For purposes of this Section 16, any such firm Shipper is hereinafter referred to as a
"ROFR Shipper".
16.2
Limitation on Applicability of Section. If Transporter and the ROFR Shipper agree on the terms
and conditions of continued service before the posting of available capacity described in subsection
16.4 of this Section 16, or if Transporter is willing to permit the automatic extension of the
Transportation Agreement in accordance with its terms, or if the ROFR Shipper has given notice of
termination of the Transportation Agreement in accordance with its terms, then Transporter shall
forego the posting, competitive bidding, and right of first refusal procedures of this Section 16.
August 1, 2025
Ms. Debbie-Anne Reese, Secretary
Federal Energy Regulatory Commission
888 First Street, N.E.
Washington, D.C., 20426
Re:
Kinetica Energy Express, LLC
Reservation of Capacity for Future Expansions Modification
Docket No. RP25- -000
Dear Ms. Reese:
Pursuant to Section 4 of the Natural Gas Act and Part 154 of the Regulations of the Federal
Energy Regulatory Commission (“Commission”), 18 C.F.R. Part 154, Kinetica Energy Express,
LLC (“KEE”) hereby tenders for filing and acceptance the tariff records listed on Appendix A for
inclusion in its FERC Gas Tariff, Original Volume No. 1 (“Tariff”). KEE respectfully requests
that the Commission accept these Tariff records to be effective September 1, 2025.
Statement of Nature, Reasons, and Basis for the Filing
Proposed new General Terms and Conditions Section 15 permits KEE to reserve, for future
expansion or extension projects, any available capacity, or capacity under expiring or terminating
service agreements, where such capacity is not subject to term extension rights. The Commission
has previously found that the reservation of capacity under these circumstances will “minimize
facility construction and associated environmental impacts, will encourage fuller utilization of
capacity, and will minimize the rate impact of allocating costs of unsubscribed capacity to existing
customers once the pipeline completes the expansion.”1 Pursuant to Commission policy,2 KEE
proposes procedures permitting KEE to reserve such capacity for up to twelve (12) months prior
to filing a certificate application for the expansion/extension project, and thereafter until the
facilities are placed into service. Such capacity will first be posted in an auction for at least five
(5) business days, to ensure that all potential customers have a reasonable opportunity to acquire
the available capacity before KEE reserves such capacity for a future expansion/extension project.
For the reasons stated above, KEE believes that the Tariff revisions proposed herein are
consistent with Commission policy and precedent, and therefore should be approved, as proposed,
1 Midwestern Gas Transmission Company, 106 FERC ¶ 61,229, at P 6 (2004).
2 Gulf South Pipeline Company, LP, 132 FERC ¶ 61,145, at P 9 (2010); Transcontinental Gas Pipe Line
Corp., 118 FERC ¶ 61,234, at P 10 (2007).
Ms. Debbie-Anne Reese, Secretary
Federal Energy Regulatory Commission
Page 2
to be effective September 1, 2025.
Procedural Matters
In accordance with the applicable provisions of Part 154 of the Commission’s regulations,
KEE is submitting an eTariff XML filing package in PDF format containing the following
information:
(1)
This transmittal letter;
(2)
Appendix A, a list of the proposed Tariff records; and
(3)
Appendix B, the clean and marked versions of the proposed Tariff records.
The names, titles, and mailing addresses of the persons to whom correspondence and
communications concerning this filing should be directed are as follows:
Bill Prentice
Kirk Morgan
General Counsel
Faren Bartholomew
Kinetica Energy Express, LLC
Bracewell LLP
1001 McKinney
2001 M Street, NW
Houston, TX 77002
(202) 828-5800
(713) 228-3347
kirk.morgan@bracewell.com
bill.prentice@kineticallc.com
faren.bartholomew@bracewell.com
These persons have been designated for service in accordance with Rule 203 of the
Commission’s Rules of Practice and Procedure, 18 C.F.R. § 385.203.
The undersigned certifies that a copy of this filing has been served on KEE’s customers
and affected state regulatory commissions in accordance with the requirements of Sections
154.208 and 385.2010 of the Commission's regulations. A paper copy of this filing may only be
served if a customer has been granted waiver of electronic service pursuant to 18 C.F.R. Part 390
of the Commission’s regulations.
Pursuant to 18 C.F.R. § 385.2005 and § 385.2011(c)(5) of the Commission’s regulations,
the undersigned has read this filing and knows its contents, and the contents are true as stated, to
the best knowledge and belief of the undersigned.
Effective Date
KEE respectfully requests that the Commission grant all waivers of its regulations that may
be necessary for the Commission to accept the proposed Tariff records listed on Appendix A to be
effective September 1, 2025.
Pursuant to Section 154.7(a)(9) of the Commission’s regulations, KEE hereby moves to
place the revised Tariff records listed on Appendix A into effect on the requested effective date or
at the expiration of any suspension period set by the Commission. If the Commission conditions
the acceptance of this filing in any way, KEE reserves the right to withdraw the proposed Tariff
Ms. Debbie-Anne Reese, Secretary
Federal Energy Regulatory Commission
Page 3
records or to file a later motion to place such Tariff records into effect at a later date.
Any questions regarding this filing may be directed to the undersigned at (713) 228-3347.
Respectfully submitted,
KINETICA ENERGY EXPRESS, LLC
By:
/s/ Bill Prentice
Bill Prentice
General Counsel
Enclosures
APPENDIX A
Kinetica Energy Express, LLC
FERC Gas Tariff
Original Volume No. 1
List of Tariff Records
Sheet No.
Description and Title
Sheet No. 95C
General Terms and Conditions, Capacity Reservation for
Expansion/Extension Projects
APPENDIX B
Kinetica Energy Express, LLC
TARIFF RECORDS
14.3(i) Transporter's Scheduling Authority.
Transporter shall have the right to act as a scheduling agent for a Shipper's
account if (i) the Shipper refuses to schedule Gas receipts as specified by an OFO
issued pursuant to Section 14.3(d) above; or (ii) if Transporter requires
additional quantities in less than the twenty-four (24) hour notice period
normally required for an OFO, and the Shipper has refused a verbal request to
schedule the required quantity of Gas.
14.3(j) Reporting.
Within a reasonable time period after an OFO terminates, Transporter will post a
report containing information on the factors that caused the OFO to be imposed
and to be terminated.
15.
CAPACITY RESERVATION FOR EXPANSION/EXTENSION PROJECTS
To the extent Transporter has: (i) available capacity; or (ii) capacity under expiring or terminating service
agreements where such capacity is not subject to a Right of First Refusal or any other term extension rights,
Transporter reserves the right, but shall not be obligated, to reserve such capacity for a future expansion or
extension project. Transporter may reserve capacity for a future expansion or extension project for which an
auction has been held or will be held within twelve (12) months of the date on which Transporter posts such
capacity as being reserved. Any capacity reserved pursuant to this Section 15 must first be posted as available
capacity on Transporter’s Informational Posting Site for at least five (5) Business Days. Any minimum terms
and conditions imposed in an auction for capacity to be reserved must not materially differ so as to be more
restrictive than the terms and conditions imposed in the expansion or extension project auction. In the event
that a subsequent expansion or extension project auction imposes minimum terms and conditions that are
materially different from the minimum terms and conditions imposed for the reserved capacity auction,
Transporter shall hold another auction for the reserved capacity that uses the same minimum terms and
conditions as were imposed for the expansion or extension project auction. Any capacity reserved under this
Section 15 may be reserved for up to twelve (12) months prior to the date on which Transporter shall file for
certificate approval for proposed construction of a related project and thereafter until all expansion or
extension facilities are placed into service. Any capacity reserved for a future expansion or extension project
that does not go forward for any reason shall be reposted as generally available within thirty (30) days of the
date the reserved capacity becomes available.
16.
RIGHT OF FIRST REFUSAL (“ROFR”)
16.1
Purpose of Section. Subject to the procedures and conditions set forth in the following subsections of
this Section 16, a firm Shipper that is served by Transporter pursuant to a Transportation Agreement
under this Tariff with a primary term of one (1) year or longer at the currently effective maximum
reservation rate stated on Sheet No. 5, plus all applicable surcharges, shall be afforded a regulatory
right of first refusal, at the end of such primary term or any extension thereof of one (1) year or longer,
to continue its firm capacity entitlements under the Transportation Agreement. For purposes of this
Section 16, any such firm Shipper is hereinafter referred to as a "ROFR Shipper".
16.2
Limitation on Applicability of Section. If Transporter and the ROFR Shipper agree on the terms and
conditions of continued service before the posting of available capacity described in subsection 16.4 of
this Section 16, or if Transporter is willing to permit the automatic extension of the Transportation
Agreement in accordance with its terms, or if the ROFR Shipper has given notice of termination of the
Transportation Agreement in accordance with its terms, then Transporter shall forego the posting,
competitive bidding, and right of first refusal procedures of this Section 16.
14.3(i) Transporter's Scheduling Authority.
Transporter shall have the right to act as a scheduling agent for a Shipper's
account if (i) the Shipper refuses to schedule Gas receipts as specified by an OFO
issued pursuant to Section 14.3(d) above; or (ii) if Transporter requires
additional quantities in less than the twenty-four (24) hour notice period
normally required for an OFO, and the Shipper has refused a verbal request to
schedule the required quantity of Gas.
14.3(j) Reporting.
Within a reasonable time period after an OFO terminates, Transporter will post a
report containing information on the factors that caused the OFO to be imposed
and to be terminated.
15.
RESERVED FOR FUTURE USE CAPACITY RESERVATION FOR EXPANSION/EXTENSION PROJECTS
To the extent Transporter has: (i) available capacity; or (ii) capacity under expiring or terminating service
agreements where such capacity is not subject to a Right of First Refusal or any other term extension rights,
Transporter reserves the right, but shall not be obligated, to reserve such capacity for a future expansion or
extension project. Transporter may reserve capacity for a future expansion or extension project for which an
auction has been held or will be held within twelve (12) months of the date on which Transporter posts such
capacity as being reserved. Any capacity reserved pursuant to this Section 15 must first be posted as available
capacity on Transporter’s Informational Posting Site for at least five (5) Business Days. Any minimum terms
and conditions imposed in an auction for capacity to be reserved must not materially differ so as to be more
restrictive than the terms and conditions imposed in the expansion or extension project auction. In the event
that a subsequent expansion or extension project auction imposes minimum terms and conditions that are
materially different from the minimum terms and conditions imposed for the reserved capacity auction,
Transporter shall hold another auction for the reserved capacity that uses the same minimum terms and
conditions as were imposed for the expansion or extension project auction. Any capacity reserved under this
Section 15 may be reserved for up to twelve (12) months prior to the date on which Transporter shall file for
certificate approval for proposed construction of a related project and thereafter until all expansion or
extension facilities are placed into service. Any capacity reserved for a future expansion or extension project
that does not go forward for any reason shall be reposted as generally available within thirty (30) days of the
date the reserved capacity becomes available.
16.
RIGHT OF FIRST REFUSAL (“ROFR”)
16.1
Purpose of Section. Subject to the procedures and conditions set forth in the following subsections
of this Section 16, a firm Shipper that is served by Transporter pursuant to a Transportation
Agreement under this Tariff with a primary term of one (1) year or longer at the currently
effective maximum reservation rate stated on Sheet No. 5, plus all applicable surcharges, shall be
afforded a regulatory right of first refusal, at the end of such primary term or any extension thereof
of one (1) year or longer, to continue its firm capacity entitlements under the Transportation
Agreement. For purposes of this Section 16, any such firm Shipper is hereinafter referred to as a
"ROFR Shipper".
16.2
Limitation on Applicability of Section. If Transporter and the ROFR Shipper agree on the terms
and conditions of continued service before the posting of available capacity described in subsection
16.4 of this Section 16, or if Transporter is willing to permit the automatic extension of the
Transportation Agreement in accordance with its terms, or if the ROFR Shipper has given notice of
termination of the Transportation Agreement in accordance with its terms, then Transporter shall
forego the posting, competitive bidding, and right of first refusal procedures of this Section 16.