UNITED STATES OF AMERICA BEFORE THE FEDERAL ENERGY REGULATORY COMMISSION. Columbia Gas Transmission Corporation ) Docket No.

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1 UNITED STATES OF AMERICA BEFORE THE FEDERAL ENERGY REGULATORY COMMISSION Columbia Gas Transmission Corporation Docket No. RP Atmos Energy Marketing, LLC BP Energy Company Delta Energy, LLC Direct Energy Hess Corporation Honda of America Mfg., Inc. Interstate Gas Supply, Inc. National Energy Marketers Association Ohio Farm Bureau Federation Sequent Energy Management, L.P. Complainants, v. Columbia Gas Transmission Corporation, Respondent. Docket No. RP NOTICE OF WITHDRAWAL OF COMPLAINT Pursuant to Rule 216 of the Commission s Rules of Practice and Procedure, 18 C.F.R , Atmos Energy Marketing, LLC, BP Energy Company, Delta Energy, LLC, Hess Corporation, Honda of America Mfg., Inc.,, Interstate Gas Supply, Inc., National Energy Marketers Association, the Ohio Farm Bureau Federation, and Sequent Energy Management, L.P. (collectively referred to herein as the Columbia Shippers hereby withdraw the Complaint filed in the captioned proceeding against Columbia Gas Transmission Corporation ( Columbia without prejudice, conditioned upon and thus subject to the understandings set forth below. 1

2 BACKGROUND The Columbia Shippers Complaint challenged as unlawful Columbia s unilateral implementation of new and revised Master List of Interconnection points ( MLI Points. The Columbia Shippers requested, among other things, that the Commission (1 declare Columbia s implementation of the new and revised MLI Points to be unlawful, and (2 order Columbia to cease and desist from carrying out the announced MLI changes. On June 5, 2008, Columbia filed a proposed tariff modification in Docket No. RP to revise Appendix A of its pro forma service agreements to distinguish between designated measuring points and MLIs. In an order issued on July 2, 2008, 1 the Commission established a technical conference to consider both the Columbia Shippers Complaint and the Columbia Shippers tariff filing. That order accepted and suspended Columbia s proposed tariff revisions to be effective December 1, 2008, subject to the outcome of the technical conference. The technical conference was held on August 5 and 6, At the conclusion of the conference, Columbia proposed to withdraw its tariff filing in Docket No. RP without prejudice, and not proceed with the implementation of new MLIs without Commission authorization, and the Columbia Shippers would withdraw their Complaint in Docket No. RP , without prejudice. The precise understandings on which these withdrawals are based are set forth in greater detail immediately below. 1 Columbia Gas Transmission Corp., Docket No. RP , and Atmos Energy Marketing, LLC, et al. v. Columbia Gas Transmission Corp., Docket No. RP , 124 FERC 61,007 (

3 WITHDRAWALS Columbia has agreed to: (1 withdraw its tariff filing in Docket No. RP without prejudice, (2 cease implementation of any MLI changes until after making a formal tariff filing (or possibly multiple filings with the Commission and receiving authorization to make those MLI changes, and (3 allow shippers to review in advance a draft of any filing to make changes to the composition of Columbia s MLIs, and provide feedback and alternative suggestions to Columbia prior to Columbia s filing of the proposal. The Columbia Shippers have agreed to withdraw their Complaint in Docket No. RP Neither Columbia s withdrawal of its tariff filing nor the Columbia Shippers withdrawal of their Complaint is intended to waive any rights of Columbia to make one or more new tariff filings to propose changes to its MLIs, or any rights of any of the Columbia Shippers to (1 protest any filing by Columbia to modify its current MLIs or (2 challenge any action by Columbia to implement new MLIs without Commission authorization. The Columbia Shippers Notice of Withdrawal is premised on the conditions and understandings stated above. If these conditions and understandings are not fulfilled, any or all of the Columbia Shippers reserve their rights to file a complaint with the Commission and take other appropriate legal action. 3

4 WHEREFORE, based on the foregoing, Columbia Shippers withdraw their Complaint filed on June 6, 2008 in Docket No. RP , without prejudice. Respectfully submitted, /s/ Kevin M. Sweeney Kevin M. Sweeney John & Hengerer 1730 Rhode Island Ave., N.W. Suite 600 Washington, D.C ( BP America Inc. and BP Energy Company, Hess Corporation and Interstate Gas Supply, Inc. Marc Tronzo Senior Vice President of Trading Atmos Energy Marketing LLC Northwest Freeways Suite 700 Houston, TX Atmos Energy Marketing LLC Carolynn Pereyra BP America Inc. 501 WestLake Park Blvd. Houston, TX ( BP America Inc. and BP Energy Company Keith Mathias Delta Energy, LLC 2674 Federated Boulevard Columbus, Ohio ( Delta Energy, LLC Bray Dohrwardt Director, Government & Regulatory Affairs Direct Energy 12 Greenway Plaza, Ste. 600 Houston, TX ( Direct Energy Thomas P. Thackston Associate General Counsel - Regulatory Hess Corporation One Hess Plaza Woodbridge, NJ ( Hess Corporation Bobby Singh, Esq. Senior Attorney 300 West Wilson Bridge Road Suite 350 Worthington, OH (

5 Stacey Rantala Elizabeth W. Whittle National Energy Marketers Association Nixon Peabody LLP 3333 K Street, N.W., Suite th Street, N.W., Suite 900 Washington, D.C Washington, DC ( ( National Energy Marketers Association Vincent A. Parisi Esq. Larry Gearhardt General Counsel Chief Legal Counsel Interstate Gas Supply, Inc. Ohio Farm Bureau Federation 5020 Bradenton Ave. 280 North High Street Dublin, OH P.O. Box ( Columbus, Ohio Interstate Gas Supply, Inc. PH: Ohio Farm Bureau Honda of America Mfg., Inc. W. Jonathan Airey, Richard Siegel 52 E. Gay Street, Sequent Energy Management, L.P. Columbus, Ohio Smith Street, Suite 900 ( Houston, TX Honda of America Manufacturing, Inc. ( Sequent Energy Management, L.P. Gordon J. Smith John & Hengerer 1730 Rhode Island Avenue, NW Suite 600 Washington, DC ( Sequent Energy Management, L.P. 5

6 CERTIFICATE OF SERVICE I hereby certify that I have this day served the foregoing document upon each person designated on the official service list compiled by the Secretary in this proceeding. Dated at Washington, D.C., this 8th day of August, /s/ Kevin M. Sweeney Kevin M. Sweeney John & Hengerer 1730 Rhode Island Ave., NW Suite 600 Washington, D.C (