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).