Double E Pipeline Project

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This article is part of the Global Fossil Infrastructure Tracker, a project of Global Energy Monitor and the Center for Media and Democracy.
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Double E Pipeline Project was a proposed oil pipeline in the United States that was ultimately canceled.[1] Litigation subsequent to project's cancelation resulted in a landmark Texas court decision that determined business partnerships could be formed in the absence of an actual partnership agreement being formalized, akin to a common law marriage.

Location

The pipeline would have originated in Cushing, Oklahoma and terminated in Houston, Texas.

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Project Details

  • Operator: Enterprise GP Holdings, ETP Legacy LP[1]
  • Proposed capacity: 450,000 barrels per day
  • Length: 584 miles
  • Status: Cancelled

Background

Enterprise Products Partners L.P. (a subsidiary of Enterprise GP Holdings) and Energy Transfer Partners, L.P. (a subsidiary of ETP Legacy), formed a 50-50 joint venture and launched a binding open commitment period for available capacity on the pipeline in May 2011.[2] The 584-mile pipeline with a planned capacity of 450,000 barrels per day would have provided transport from the Cushing hub to refineries in the Gulf Coast when placed in-service, which was expected at the time to be the fourth quarter of 2012.[2] The pipeline project would have included converting 230 miles of existing natural gas pipeline owned by Energy Transfer to crude oil service.[2]

In August 2011, Enterprise announced it was withdrawing from the project.[3]

Lawsuit

In 2011, Energy Transfer Partners L.P. filed a lawsuit against Enterprise Products Partners and Enbridge Inc. after the pipeline project was canceled.[4] Energy Transfer Partners alleged that Enterprise claimed the project was not economically viable, broke the terms of the joint venture by releasing a press release without ETP's consent stating that the Double E pipeline was canceled, and then announced a deal with Enbridge to build the Wrangler Pipeline.[4]

In March 2014, Energy Transfer Partners was awarded $319 million in damages by a Texas jury when it determined that it had been wrongfully dropped from the partnership.[3] However, the jury did not find that Enterprise and Enbridge had conspired to remove Energy Transfer Partners from the partnership.[3]

The jury's verdict was described as a "landmark decision for Texas business lawyers and their corporate clients by clarifying what constitutes a business partnership under state law."[3] Significantly, the jury found that Energy Transfer Partners and Enterprise Products Partners had formed a partnership despite the fact that specific preconditions not being satisfied that would have created binding partnership obligations, a situation likened to a common law marriage.[5]

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