Algonquin Gas Transmission, LLC
Fifth Revised Volume No. 1
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Effective Date: 11/30/2009, Docket: RP10-77-000, Status: Effective
Third Revised Sheet No. 615A Third Revised Sheet No. 615A
Superseding: Second Revised Sheet No. 615A
GENERAL TERMS AND CONDITIONS
(Continued)
45. DISCOUNT TERMS (continued)
45.4 The terms of any discount request granted by Algonquin pursuant to this Section 45
shall be transmitted by e-mail to Customer in the form of a Discount Confirmation.
The Discount Confirmation shall identify the applicable Customer's name, contract
number, rate schedule, term of the discount, discount rate, applicable quantities,
point(s) of receipt and delivery, and/or the Algonquin path being discounted. The
Discount Confirmation may also include other information required for posting under
the Commission's regulations and other conditions consistent with Section 45.2. No
particular discount transaction shall be contractually binding on either Algonquin
or Customer until Algonquin has confirmed the terms of the discount upon
Algonquin's e-mail to Customer of the Discount Confirmation for the transaction,
subject to the underlying service agreement being fully executed. All discounts
granted shall be effective no sooner than the beginning of the next Gas Day
following the Gas Day on which the request is granted by Algonquin. Once the
discount is contractually binding, the Discount Confirmation will constitute an
addendum to the underlying service agreement. Each such addendum is an integral
part of the underlying service agreement as if executed by both parties and fully
copied and set forth at length therein.
45.5 If Algonquin's Recourse Rates are subject to refund at any time during the
effectiveness of a Discount Confirmation, with respect to the applicable discounted
rate, Customer shall be entitled to refunds of payments made by Customer only in
the event that the final, non-appealable maximum Recourse Rate, whether usage-based
or reservation-based, as determined by the Commission for a given time period is
lower than the rate actually paid by Customer during such time period. Subject to
the condition precedent set forth in the immediately preceding sentence, Customer's
principal refund amount shall be equal to (i) with respective to usage-based rates,
the product of (aa) the positive difference between the final, non-appealable
maximum Recourse Rate and the discounted rate, and (bb) the quantities of gas
delivered to Customer, or for Customer's account, during the refund period; and
(ii) with respect to reservation-based rates, the product of (cc) the positive
difference between the final, non-appealable maximum Recourse Rate and the
discounted rate, (dd) the MDTQ covered by the discounted rate, and (ee) the number
of months in the refund period (partial months shall be prorated for the number of
days in the month that fall within the refund period and a discounted rate that is
not a monthly rate shall be adjusted for purposes of this calculation to reflect
the monthly equivalent of the rate).