2020-07576. ConocoPhillips Company, Shell Energy North America (US), L.P., XTO Energy Inc. v. Northern Border Pipeline Company; Notice of Complaint

Take notice that on April 2, 2020, pursuant to Rule 206 of the Rules of Practice and Procedures of the Federal Energy Regulatory Commission (Commission), 18 CFR 385.206 (2019), ConocoPhillips Company, Shell Energy North America (US), L.P., and XTO Energy Inc. (jointly Indicated Shippers or Complainants) filed a formal complaint against Northern Border Pipeline Company, (Northern Border or Respondent) alleging that Northern Border has entered into a prearranged transaction without complying with the no undue discrimination requirements of the Natural Gas Act and the Commission's regulations. In addition, the Indicated Shippers allege that Northern Border's pre-arranged transaction violated the Commission's policy on reserving unsubscribed capacity for a future expansion project. The Indicated Shippers respectfully request the Commission to: (1) Rescind the pre-arranged transaction; (2) require Northern Border to hold an open season where all interested parties will be on equal footing with respect to the potential transactions; and (3) direct Northern Border to cease from engaging in pre-arranged transactions where the unsubscribed capacity has not been publicly posted as generally available, all as more fully explained in the complaint.

The Complainants certifies that copies of the complaint were served on the contacts listed for Respondent in the Commission's list of Corporate Officials.

Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211, 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. The Respondent's answer and all interventions, or protests must be filed on or before the comment date. The Respondent's answer, motions to intervene, and protests must be served on the Complainants.

The Commission 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 may mail similar pleadings to the Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426. Hand delivered submissions in docketed proceedings should be delivered to Health and Human Services, 12225 Wilkins Avenue, Rockville, Maryland 20852.

In addition to publishing the full text of this document in the Federal Register, the Commission provides all interested persons an opportunity to view and/or print the contents of this document via the internet through the Commission's Home Page (http://ferc.gov) using the eLibrary link. Enter the docket number excluding the last three digits in the docket number field to access the document. At this time, the Commission has suspended access to the Commission's Public Reference Room, due to the proclamation declaring a National Emergency concerning the Novel Coronavirus Disease (COVID-19), issued by the President on March 13, 2020. For assistance, contact FERC at [e-mail] or call toll-free, [phone] or TYY, [phone].

Comment Date: 5:00 p.m. Eastern Time on April 22, 2020.

Dated: April 6, 2020.

Kimberly D. Bose,

Secretary.