Kinetica Partners Notice 1721

September 3, 2025

Ms. Debbie-Anne Reese, Secretary

Federal Energy Regulatory Commission

888 First Street, N.E.

Washington, D.C., 20426

Re:

Kinetica Energy Express, LLC

Reservation of Capacity for Future Expansions Modification

Docket No. RP25-1056-000

Dear Ms. Reese:

In compliance with the August 27, 2025 letter order issued by the Federal Energy

Regulatory Commission (“FERC” or “Commission”) in the above-captioned proceeding

(“August 27 Order”),1 Kinetica Energy Express, LLC (“KEE”) submits for filing as part of its

FERC Gas Tariff, Volume No. 1 (“Tariff”), Revised Sheet No. 95C (“Revised Tariff Sheet”),

as more fully described below. KEE respectfully requests that the Commission accept the

Revised Tariff Sheet, listed on Appendix A, to be effective September 1, 2025.

Statement of Nature, Reasons, and Basis for the Filing

On August 1, 2025 in the above captioned docket, KEE submitted a tariff filing (“August

1 Filing”) that proposed the addition of a new Section 15 to the General Terms and Conditions

(“GT&C”), which would permit KEE to reserve, for future expansion or extension projects, any

available capacity, or capacity under expiring or terminating service agreements, where such

capacity is not subject to term extension rights.2

On August 13, 2025, the Indicated Shippers filed a protest to new GT&C Section 15

requesting that KEE file revised tariff language that incorporates additional information

requirements for reservation postings.3 KEE filed an Answer4 to the Indicated Shippers Protest

stating that it was willing to amend this provision by inserting language consistent with the

1

Kinetica Energy Express, LLC, 192 FERC ¶ 61,183 (2025).

2

Kinetica Energy Express, LLC., Docket No. RP25-1056-000 (filed Aug. 1, 2025).

3

Protest of the Indicated Shippers, Docket No. RP25-1056-000 (filed Aug. 13, 2025) (“Indicated Shippers

Protest”).
4

Answer of Kinetica Energy Express, LLC to Protest, Docket No. RP25-1056-000 (filed August 18, 2025)

(“Answer”).

Ms. Debbie-Anne Reese, Secretary

Federal Energy Regulatory Commission

Page 2

information requirements requested by Indicated Shippers and adopted by the Commission in

Midwestern.5

In the August 27 Order, the Commission accepted the revised tariff sheets contained in

the August 1 Filing to become effective September 1, 2025, subject to KEE filing a revised tariff

sheet, within 30 days of the issuance of the August 27 Order, to amend GT&C Section 15 to

include the reservation posting requirements agreed to in its Answer. To comply with the

Commission’s directive as set forth in the August 27 Order, KEE submits herein the Revised

Tariff Sheet, incorporating the agreed upon reservation posting requirements to GT&C Section

15.

Procedural Matters

In accordance with the applicable provisions of Part 154 of the Commission’s regulations,

KEE is submitting an eTariff XML filing package in PDF format containing the following

information:

(1)

This transmittal letter;

(2)

Appendix A, a list with the Revised Tariff Sheet; and

(3)

Appendix B, the clean and marked versions of the Revised Tariff Sheet.

The names, titles, and mailing addresses of the persons to whom correspondence and

communications concerning this filing should be directed are as follows:

Bill Prentice

General Counsel

Kinetica Energy Express, LLC

1001 McKinney

Houston, TX 77002

(713) 228-3347

bill.prentice@kineticallc.com

Kirk Morgan

Faren Bartholomew

Bracewell LLP

2001 M Street, NW

(202) 828-5800

kirk.morgan@bracewell.com

faren.bartholomew@bracewell.com

These persons have been designated for service in accordance with Rule 203 of the

Commission’s Rules of Practice and Procedure, 18 C.F.R. § 385.203.

The undersigned certifies that a copy of this filing has been served on KEE’s customers

and affected state regulatory commissions in accordance with the requirements of Sections

154.208 and 385.2010 of the Commission's regulations. A paper copy of this filing may only be

served if a customer has been granted waiver of electronic service pursuant to 18 C.F.R. Part 390

of the Commission’s regulations.

Pursuant to 18 C.F.R. § 385.2005 and § 385.2011(c)(5) of the Commission’s regulations,

the undersigned has read this filing and knows its contents, and the contents are true as stated, to

5

Indicated Shippers Protest at 2-3; Midwestern Gas Transmission Company, 106 FERC ¶ 61,229, at P 6

(2004).

Ms. Debbie-Anne Reese, Secretary

Federal Energy Regulatory Commission

Page 3

the best knowledge and belief of the undersigned.

Effective Date

KEE respectfully requests that the Commission grant all waivers of its regulations that may

be necessary for the Commission to accept the Revised Tariff Sheet listed on Appendix A to be

effective September 1, 2025.

Pursuant to Section 154.7(a)(9) of the Commission’s regulations, KEE hereby moves to

place the Revised Tariff Sheet listed on Appendix A into effect on the requested effective date or

at the expiration of any suspension period set by the Commission. If the Commission conditions

the acceptance of this filing in any way, KEE reserves the right to withdraw the Revised Tariff

Sheet or to file a later motion to place the Revised Tariff Sheet into effect at a later date.

Any questions regarding this filing may be directed to the undersigned at (713) 228-3347.

Respectfully submitted,

KINETICA ENERGY EXPRESS, LLC

By: / s/

Bill P r en t ice

Bill Prentice

General Counsel

Enclosures

APPENDIX A

Kinetica Energy Express, LLC

FERC Gas Tariff

Original Volume No. 1

List of Tariff Records

Sheet No.

Description and Title

Revised Sheet No. 95C

General Terms and Conditions, Capacity Reservation for

Expansion/Extension Projects

APPENDIX B

Kinetica Energy Express, LLC

REVISED TARIFF SHEET

14.3(i) Transporter's Scheduling Authority.

Transporter shall have the right to act as a scheduling agent for a Shipper's account
if (i) the Shipper refuses to schedule Gas receipts as specified by an OFO issued
pursuant to Section 14.3(d) above; or (ii) if Transporter requires additional

quantities in less than the twenty-four (24) hour notice period normally required
for an OFO, and the Shipper has refused a verbal request to schedule the required
quantity of Gas.

14.3(j) Reporting.

Within a reasonable time period after an OFO terminates, Transporter will post a
report containing information on the factors that caused the OFO to be imposed

and to be terminated.

15.

CAPACITY RESERVATION FOR EXPANSION/EXTENSION PROJECTS

To the extent Transporter has: (i) available capacity; or (ii) capacity under expiring or terminating service
agreements where such capacity is not subject to a Right of First Refusal or any other term extension rights,

Transporter reserves the right, but shall not be obligated, to reserve such capacity for a future expansion or
extension project. Transporter may reserve capacity for a future expansion or extension project for which an
auction has been held or will be held within twelve (12) months of the date on which Transporter posts such
capacity as being reserved. Any capacity reserved pursuant to this Section 15 must first be posted as available
capacity on Transporter’s Informational Posting Site for at least five (5) Business Days. Transporter’s posting for
reserved capacity for future expansion/extension projects shall include the following information: (1) a
description of the project for which the capacity will be reserved; (2) the total quantity of capacity to be reserved;

(3) the location of the proposed reserved capacity on the pipeline system; (4) when Transporter anticipates that
an open season for the reserved capacity will be held or the reserved capacity will otherwise be posted for bids;
(5) the projected in-service date of the expansion/extension project; and (6) on an ongoing basis, how much of
the reserved capacity has been sold on a limited-term basis that would otherwise be eligible for a right of first
refusal. Any minimum terms and conditions imposed in an auction for capacity to be reserved must not
materially differ so as to be more restrictive than the terms and conditions imposed in the expansion or extension

project auction. In the event that a subsequent expansion or extension project auction imposes minimum terms
and conditions that are materially different from the minimum terms and conditions imposed for the reserved
capacity auction, Transporter shall hold another auction for the reserved capacity that uses the same minimum
terms and conditions as were imposed for the expansion or extension project auction. Any capacity reserved
under this Section 15 may be reserved for up to twelve (12) months prior to the date on which Transporter shall
file for certificate approval for proposed construction of a related project and thereafter until all expansion or
extension facilities are placed into service. Any capacity reserved for a future expansion or extension project that

does not go forward for any reason shall be reposted as generally available within thirty (30) days of the date
the reserved capacity becomes available.

16.

RIGHT OF FIRST REFUSAL (“ROFR”)

16.1

Purpose of Section. Subject to the procedures and conditions set forth in the following subsections of
this Section 16, a firm Shipper that is served by Transporter pursuant to a Transportation Agreement
under this Tariff with a primary term of one (1) year or longer at the currently effective maximum
reservation rate stated on Sheet No. 5, plus all applicable surcharges, shall be afforded a regulatory
right of first refusal, at the end of such primary term or any extension thereof of one (1) year or longer,

to continue its firm capacity entitlements under the Transportation Agreement. For purposes of this
Section 16, any such firm Shipper is hereinafter referred to as a "ROFR Shipper".

16.2

Limitation on Applicability of Section. If Transporter and the ROFR Shipper agree on the terms and
conditions of continued service before the posting of available capacity described in subsection 16.4 of
this Section 16, or if Transporter is willing to permit the automatic extension of the Transportation
Agreement in accordance with its terms, or if the ROFR Shipper has given notice of termination of the

Transportation Agreement in accordance with its terms, then Transporter shall forego the posting,
competitive bidding, and right of first refusal procedures of this Section 16.

14.3(i) Transporter's Scheduling Authority.

Transporter shall have the right to act as a scheduling agent for a Shipper's account
if (i) the Shipper refuses to schedule Gas receipts as specified by an OFO issued
pursuant to Section 14.3(d) above; or (ii) if Transporter requires additional
quantities in less than the twenty-four (24) hour notice period normally required
for an OFO, and the Shipper has refused a verbal request to schedule the required
quantity of Gas.

14.3(j) Reporting.

Within a reasonable time period after an OFO terminates, Transporter will post a
report containing information on the factors that caused the OFO to be imposed
and to be terminated.

15.

RESERVED FOR FUTURE USE CAPACITY RESERVATION FOR EXPANSION/EXTENSION PROJECTS

To the extent Transporter has: (i) available capacity; or (ii) capacity under expiring or terminating service
agreements where such capacity is not subject to a Right of First Refusal or any other term extension rights,
Transporter reserves the right, but shall not be obligated, to reserve such capacity for a future expansion or
extension project. Transporter may reserve capacity for a future expansion or extension project for which an
auction has been held or will be held within twelve (12) months of the date on which Transporter posts such
capacity as being reserved. Any capacity reserved pursuant to this Section 15 must first be posted as available
capacity on Transporter’s Informational Posting Site for at least five (5) Business Days. Transporter’s posting
for reserved capacity for future expansion/extension projects shall include the following information: (1) a
description of the project for which the capacity will be reserved; (2) the total quantity of capacity to be reserved;
(3) the location of the proposed reserved capacity on the pipeline system; (4) when Transporter anticipates that
an open season for the reserved capacity will be held or the reserved capacity will otherwise be posted for bids;
(5) the projected in-service date of the expansion/extension project; and (6) on an ongoing basis, how much of the
reserved capacity has been sold on a limited-term basis that would otherwise be eligible for a right of first refusal.
Any minimum terms and conditions imposed in an auction for capacity to be reserved must not materially differ
so as to be more restrictive than the terms and conditions imposed in the expansion or extension project auction.
In the event that a subsequent expansion or extension project auction imposes minimum terms and conditions
that are materially different from the minimum terms and conditions imposed for the reserved capacity auction,
Transporter shall hold another auction for the reserved capacity that uses the same minimum terms and
conditions as were imposed for the expansion or extension project auction. Any capacity reserved under this
Section 15 may be reserved for up to twelve (12) months prior to the date on which Transporter shall file for
certificate approval for proposed construction of a related project and thereafter until all expansion or extension
facilities are placed into service. Any capacity reserved for a future expansion or extension project that does not
go forward for any reason shall be reposted as generally available within thirty (30) days of the date the reserved
capacity becomes available.

16.

RIGHT OF FIRST REFUSAL (“ROFR”)

16.1

Purpose of Section. Subject to the procedures and conditions set forth in the following subsections

of this Section 16, a firm Shipper that is served by Transporter pursuant to a Transportation Agreement
under this Tariff with a primary term of one (1) year or longer at the currently effective maximum
reservation rate stated on Sheet No. 5, plus all applicable surcharges, shall be afforded a regulatory
right of first refusal, at the end of such primary term or any extension thereof of one (1) year or longer,
to continue its firm capacity entitlements under the Transportation Agreement. For purposes of this

Section 16, any such firm Shipper is hereinafter referred to as a "ROFR Shipper".

16.2

Limitation on Applicability of Section. If Transporter and the ROFR Shipper agree on the terms

and conditions of continued service before the posting of available capacity described in subsection
16.4 of this Section 16, or if Transporter is willing to permit the automatic extension of the
Transportation Agreement in accordance with its terms, or if the ROFR Shipper has given notice of
termination of the Transportation Agreement in accordance with its terms, then Transporter shall
forego the posting, competitive bidding, and right of first refusal procedures of this Section 16.