FERC ORDER DEVELOPMENTS Buckeye Pipe Line’s Market-Rate Program FERC Closes “Show Cause” Proceeding Regarding Buckeye Pipe Line Company, L.P. (“BPL Co.”) © Copyright 2013 Buckeye Partners, L.P. 11 • In response to protest of an airline shipper in the NYC area, FERC issued a “Show Cause” order on March 30, 2012, directing BPL Co. to justify continuation of its innovative rate-setting system and rejecting its routine, system-wide tariff increases. • FERC issued an order on February 22, 2013, closing the “Show Cause” proceeding and ruling that: • BPL Co. can continue to charge its current rates undisturbed • BPL Co. granted full market-based-rate authority, i.e., no longer subject to rate increase caps, in markets previously found by FERC to be competitive markets, in which BPL Co. generated $137 million of revenue from interstate transportation service in 2012 • BPL Co. allowed to file future rates in its remaining markets, in which BPL Co. generated $126 million of revenue from interstate transportation service in 2012, pursuant to any of the methodologies permitted by FERC regulations, including in accordance with the generic FERC index • On October 10, 2012, BPL Co. filed its answer to the complaint, and additional filings were made by the parties in October and November. No third parties have filed to intervene in the complaint proceeding. • On February 22, 2013, FERC issued an order setting the matter for hearing, but such hearing is on hold pending the outcome of FERC- ordered settlement discussions between the parties, which are being facilitated by a FERC-appointed settlement judge. • In 2012, deliveries of jet fuel to the NYC airports generated approximately $32 million of BPL Co.’s revenues. The complaint is not directed at BPL Co.’s rates for service to other destinations, and it has no impact on the pipeline systems and terminals owned by Buckeye’s other operating subsidiaries. BPL Co. Increases Tariffs Airlines’ Complaint • BPL Co. increased tariffs effective May 1 by approximately seven percent in those markets subject to market-based-rate authority tariff increase (excluding the NYC market) effective with the normal July 1 index cycle. st st • The July 1, 2013 increase in the FERC index, which is a methodology available to BPL Co., has been set by FERC at 4.6 percent. Treatment of NYC market rate still pending outcome of two other filings, as discussed below (Airlines’ Complaint and Market-Based Rates Application for New York City Market) • Earlier program utilized by BPL Co. now discontinued. • On September 20, 2012, four airlines filed a complaint at FERC challenging BPL Co.’s tariff rates for transporting jet fuel to three NYC airports – the same movements that were the subject of the March 2012 protest that led to the “show cause” proceeding. • • BPL Co. is still evaluating the extent to which it will increase tariff rates in the remaining markets, but does expect to file for a |