2011-19077. Tesoro Refining and Marketing Company v. SFPP, L.P.; Notice of Complaint

Take notice that on July 20, 2011, pursuant to Rule 206 of the Commission's Rules of Practice and Procedure of the Federal Energy Regulatory Commission (Commission), 18 CFR 385.206; the Procedural Rules Applicable to Oil Pipeline Proceedings, 18 CFR 343.2; sections 1(4), 1(5), 8, 9, 13, 15, and 16 of the Interstate Commerce Act (ICA), 49 U.S.C. App. 1(4), 1(5), 8, 9, 13, 15, and 16 (1988); and section 1803 of the Energy Policy Act of 1992 (EPAct), Tesoro Refining and Marketing Company (Tesoro) filed a formal complaint against SFPP, L.P. (SFPP).

Tesoro alleges that because SFPP has over-recovered its cost of service in 2010, and their proposed index-based rate increases exceed the actual decrease in the pipeline's previous-year costs in such a manner that substantially exacerbate that over-recovery, SFPP is not entitled to raise its rates. Tesoro requests that the Commission determine that the rates established by SFPP, L.P. in FERC Tariff Nos. 194.1.0, 195.1.0, 196.3.0, 197.1.0, 198.3.0, 199.1.0, and 200.1.0 are unjust and unreasonable; prescribe new just and reasonable for the SFPP interstate pipeline system; and order SFPP to pay refunds, plus interest, to Tesoro for shipments made by Tesoro under each of the tariffs specified above from July 1, 2011 through the date on which the Commission resolves the issues presented in this docket and related proceedings. Tesoro has also requested that the Commission grant such other, different or additional relief as it may determine to be appropriate.

Tesoro certifies that copies of the complaint were served on the contacts for SFPP as listed on 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 encourages electronic submission of 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 14 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 e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail [e-mail], or call [phone] (toll free). For TTY, call [phone].

Comment Date: 5 p.m. Eastern Time on August 9, 2011.

Dated: July 20, 2011.

Nathaniel J. Davis, Sr.,

Deputy Secretary.