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UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
Form 8-K
CURRENT REPORT
Pursuant to Section 13 or 15(d) of
the Securities Exchange Act of 1934
Date of
Report (date of earliest event reported): July 26, 2007
ENERGY TRANSFER EQUITY, L.P.
(Exact name of registrant as specified in its charter)
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Delaware
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00132740
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300108820 |
(State or other jurisdiction
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(Commission File Number)
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(IRS. Employer |
of incorporation)
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Identification No.) |
3738 Oak Lawn Avenue
Dallas, Texas 75219
(Address of principal executive offices, including zip code)
(214) 9810700
(Registrants telephone number, including area code)
Check the
appropriate box below if the Form 8-K filing is intended to simultaneously satisfy
the filing obligation of the registrant under any of the following provisions:
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Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |
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Soliciting material pursuant to Rule 14a12 under the Exchange Act (17 CFR 240.14a12) |
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Pre-commencement communications pursuant to Rule 14d2(b)
under the Exchange Act (17 CFR 240.14d2(b)) |
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Pre-commencement communications pursuant to Rule 13e4(c)
under the Exchange Act (17 CFR 240.13e4(c)) |
Item 7.01. Regulation FD Disclosure.
On
July 26, 2007, Energy Transfer Partners, L.P. (ETP),
a subsidiary of Energy Transfer Equity, L.P., issued a press release
relating to the item described in Item 8.01.
In accordance with General Instruction B.2 of Form 8-K, the information set forth in this Item 2.02
and in the attached exhibit shall be deemed to be furnished and not be deemed to be filed for
purposes of the Securities Exchange Act of 1934, as amended (the Exchange Act).
Item 8.01 Other Events.
On
July 26, 2007, the Federal Energy Regulatory Commission (the FERC)
issued to ETP an Order to Show Cause and Notice of Proposed Penalties
(the Order and Notice) that contains allegations that ETP engaged in manipulative or improper trading
activities in the Houston Ship Channel market, primarily during the fall of 2005 following the occurrence of Hurricanes
Katrina and Rita, as well as during certain prior periods in 2004
and 2005, in order to benefit financially from ETPs
commodities derivative positions and from certain of its index-priced physical gas purchases in the Houston Ship Channel
market. The FERCs legal action against ETP also includes allegations related to ETPs Oasis Pipeline, an intrastate
pipeline that transports natural gas between the Waha Hub in west Texas to the Katy Hub near Houston, Texas. The
allegations related to the Oasis Pipeline include claims that the Oasis Pipeline gave undue preference for pipeline
capacity to an affiliate and that the Oasis Pipeline charged in excess of the maximum lawful rate for certain
transportation services. The FERC has also sought to revoke ETPs blanket marketing authority for sales in
interstate commerce at negotiated rates. In addition, the Commodity
Futures Trading Committee (the CFTC) filed suit in United
States District Court for the Northern District of Texas alleging the ETP
attempted to manipulate natural gas prices in the Houston Ship
Channel market on September 28, 2005 and November 28, 2005
to benefit financially from our commodities derivatives positions.
As previously disclosed in our public filings, these agencies have been conducting
investigations into these matters. ETP recently engaged in settlement negotiations to resolve these matters; however, these
negotiations were not successful. In its Order and Notice, the FERC
is seeking $70.1 million in
disgorgement of profits and $97.5 million in civil penalties
relating to these matters and, in its lawsuit, the CFTC is seeking
civil penalties of $130,000 per violation, or three times the profit
gained from each violation, and other ancillary relief. It is ETPs position that its trading
and transportation activities during the periods at issue complied in all material respects with applicable laws and regulations,
and ETP intends to contest these cases vigorously. At this time, neither we nor ETP is able to predict the final outcome of these matters.
Item 9.01. Financial Statements and Exhibits.
(d) In accordance with General Instruction B.2 of Form 8-K, the information set forth in the
attached exhibit are deemed to be furnished and shall not be deemed to be filed for purposes of
Section 18 of the Exchange Act.
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Exhibit No. |
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Description |
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99.1
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Press release dated July 26, 2007. |
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the
registrant has duly caused this report to be signed on its behalf by the undersigned thereunto duly
authorized.
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ENERGY TRANSFER EQUITY, L.P.
By: LE GP, LLC, its general partner
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By: |
/s/ John W. McReynolds
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John W. McReynolds, |
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President and Chief Financial Officer |
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Dated: July 26, 2007
EXHIBIT INDEX
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Exhibit No. |
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Description |
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99.1
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Press release dated July 26, 2007. |
exv99w1
Energy Transfer Partners Denies Validity of Government Charges
DALLAS,
July 26, 2007 Energy Transfer Partners, L.P. (NYSE:ETP) confirmed today that
the Federal Energy Regulatory Commission (the FERC) and the Commodity Futures Trading Commission
(CFTC) have commenced legal proceedings against ETP. FERC claims that ETP should have obtained
higher prices for its monthly physical gas sold at Houston Ship Channel primarily during the fall
of 2005 following dislocations in the market arising from Hurricanes Katrina and Rita. The CFTC
does not allege that ETP had any actual effect on prices or harmed either the natural gas market or
any of its participants, but rather that ETP made an attempt to affect prices.
We believe that our business transactions during the times covered by these proceedings were
conducted in a lawful and responsible manner and that no laws or regulations were violated during
the course of our business, said former FERC Commissioner Jerry J. Langdon, now Chief
Administrative and Compliance Officer for Energy Transfer Partners. We will vigorously defend our
position as the legal proceedings go forward.
These charges are based on an untested theory that attempts to force a natural gas seller to
ignore supply and demand in the market and, instead, sell natural gas at a price that the FERC
believes in hindsight should have been the right price by comparison to prices in other markets.
Neither the FERC nor the CFTC are making any final conclusions in these actions. The FERC
itself explained that it was issuing a Show Cause order that represents its view of the existing
record without the benefit of ETPs response. The CFTC has filed a Complaint, which ETP will
contest. ETP has answers to the questions that have been raised by both the CFTC and the FERC, and
looks forward to having the opportunity to rebut both agencies actions.
Following what has been called the storm of the century, Energy Transfer and all other
market participants were confronted with uncertain market conditions, said Langdon. We believe
these charges are misguided. The FERC asserts, despite record high prices at the time, that we
should have achieved even higher prices in the wake of the hurricanes devastation and the
significant disruptions in the natural gas market that followed. We believe that the FERCs
hindsight review of what prices should have been ignores the difficult market conditions buyers and
sellers were dealing with at the time.
Energy Transfer Partners, L.P. (NYSE:ETP) is a publicly traded partnership owning and
operating a diversified portfolio of energy assets. ETPs natural gas operations include
intrastate natural gas gathering and transportation pipelines, natural gas treating and processing
assets located in Texas and Louisiana, and three natural gas storage facilities located in Texas.
These assets include approximately 12,200 miles of intrastate pipeline in service, with an
additional 400 miles of intrastate pipeline under construction, and 2,400 miles of interstate
pipeline. ETP is also one of the three largest retail marketers of propane in the U.S., serving
more than one million customers across the country.
Energy Transfer Equity, L.P. (NYSE:ETE) owns the general partner of Energy
Transfer Partners and approximately 62.5 million ETP limited partners units. Together ETP and ETE
have a combined enterprise value of approximately $20 billion.
The information contained in this press release is available on the Partnerships website at
www.energytransfer.com.
Contacts
Investor Relations:
Energy Transfer
Renee Lorenz
214-981-0700
Media Relations:
Vicki Granado
Gittins & Granado
214-361-0400
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