Flint Hills Resources Alaska, LLC's Request For Issuance of a Subpoena Duces Tecum To Tesoro Refining and Marketing Company LLC To Respond to Data Requests and Produce Documents under OR14-6.

UNITED STATES OF AMERICA BEFORE THE FEDERAL ENERGY REGULATORY COMMISSION ) BP Pipelines (Alaska) Inc. ) ConocoPhillips Transportation Alaska Inc. ) Docket No. OR14-6-000 ExxonMobil Pipeline Company ) VERIFICATION I, David DAlessandro, counsel for Flint Hills Resources Alaska LLC, declare under penalty of perjury that the foregoing is true and correct. Executed on December 17, 2013 /s/ David DAlessandro 4 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., 18th day of December, 2013 /s/ M. Denyse Zosa 5 I. BACKGROUND On November 29, 2013, FHR served Tesoro Alaska Company (Tesoro), who is a party intervenor, with data requests related to ANS coker yields.2 On December 9, 2013, Tesoro responded that it had only one refinery which does not have and never has had a coker and thus, had no information to FHRs data request.3 Tesoro did state, however, that requests seeking information regarding Tesoro affiliate owned refineries should be directed to Tesoro Refining through the issuance of a subpoena duces tecum. II. REQUEST FOR A SUBPOENA DUCES TECUM Commission Rule 409 authorizes the Presiding Administrative Law Judge to issue a subpoena for the production of documents.4 FHR requests that the Presiding Administrative Law Judge issue a subpoena to Tesoro Refining to answer data specific requests and produce documents limited to its refineries at which ANS crude oil has been processed. The refinery information that is in Tesoro Refinings sole possession is highly relevant to the issue of the accurate value of ANS Resid in this proceeding. FHR submits that the discovery it seeks would lead to the discovery of relevant information or relevant evidence. The information that FHR seeks from Tesoro Refining is not available from anyone or anywhere else. And as noted above, Tesoro Refining is not a party in this proceeding. 2 See FHRs First Set of Data Requests to Tesoro and Responses of Tesoro attached as Exhibit 1. 3 See Tesoros Responses in Exhibit 1. 4 See Transcontinental Gas Pipe Line Co., 39 FERC 61,221 (1987) (ordering a non-party co comply with subpoena duces tecum because the information sought is relevant). See Trans Alaska Pipeline System, 3 FERC 63,017 (1978) (non-parties may be called upon to produce documents relating to the subject of the Commissions investigation so long as they may be relevant to a proper investigation). See Trans Alaska Pipeline System, 9 FERC 61,133 (1979); see Ohio Edison Co., 20 FERC 63,056 (1982) (granting subpoena duces tecum). 2 ...