Enron Mail

From:kevin.hyatt@enron.com
To:blair.lichtenwalter@enron.com, teb.lokey@enron.com, robert.kilmer@enron.com,eric.gadd@enron.com, steven.harris@enron.com
Subject:RE: El Paso Full Requirements Customers
Cc:
Bcc:
Date:Fri, 22 Mar 2002 05:56:29 -0800 (PST)

thanks Blair, we've been following the FR debate very closely.

Last week FERC staff recommended to the full commission that the FR contrac=
ts be converted to CD contracts, in effect abrogating a huge chunk of the o=
riginal 1996 El Paso settlement. The indicated shippers last year did file=
a Section 5 complaint against El Paso, accusing the pipeline of over selli=
ng its capacity. This debate has been one of the biggest hindrances in get=
ting shippers to commit to the Sun Devil project.

-----Original Message-----
From: =09Lichtenwalter, Blair =20
Sent:=09Thursday, March 21, 2002 2:33 PM
To:=09Lokey, Teb; Kilmer III, Robert; Gadd, Eric; Harris, Steven; Hyatt, Ke=
vin
Subject:=09El Paso Full Requirements Customers


You may know this, but I thought I'd pass it on since it was mostly new to =
me.

El Paso has two types of firm customers, which are CD (contract demand) and=
FR (full requirements) customers. FR customers are allowed to schedule an =
amount up to their full meter capacity as long as capacity is available. Ho=
wever, FR customers pay El Paso a fixed reservation charge and volumes exc=
eeding FR quantities are billed El Paso's usage rate. FR customer loads hav=
e increased rapidly in the last few years as growth in the states east of C=
alifornia has surged. With these increased loads the FR customers have been=
getting a tremendous deal since they pay only the usage charge on incremen=
tal volumes exceeding their FR quantities. FR customers argue that they are=
entitled to this benefit since they bargained for it in EL Paso's last rat=
e proceeding. El Paso's last settlement was similar to TW's in that custome=
rs agreed to certain benefits in exchange for paying higher rates to resolv=
e capacity turnback issues. The FR customer's good deal is a problem becaus=
e 1) FR customer's increased volumes have led to capacity prorations making=
it more difficult for other shippers to get cheaper San Juan gas, 2) these=
prorations in conjunction with the scheduling cycles make it difficult for=
shippers to get scheduled, 3) El Paso has no financial incentive to expand=
because the FR customers will use the capacity and pay only the usage rate=
, and 4) the FR customers ability to take gas has prevented El Paso from of=
fering services such as park and loan and storage service that other custom=
ers want. Absent FERC action, FR customers will retain the benefits of the =
settlement until El Paso's next rate case in 2006.

The Commission is threatening to initiate a Section 5 proceeding to address=
capacity allocation issues on El Paso and has directed Staff to convene a =
technical conference next month to address these issues (see March 18, 2002=
Inside FERC). The conference probably won't occur until at least late Apr=
il because El Paso is bogged down in their market abuse proceeding.