Algonquin Gas Transmission, LLC

Fifth Revised Volume No. 1

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Effective Date: 02/13/2010, Docket: RP10-308-000, Status: Effective

Third Revised Sheet No. 617 Third Revised Sheet No. 617

Superseding: Second Revised Sheet No. 617

 

GENERAL TERMS AND CONDITIONS

(continued)

 

46. NEGOTIATED RATES (continued)

 

46.7 Documentation

 

Any Negotiated Rate agreed to by Algonquin and Customer pursuant

to this Section 46 shall be implemented by Algonquin's completion

of a pro forma Statement of Negotiated Rates with the applicable

Negotiated Rate-related provisions as described in Section 46.7

herein. Algonquin shall tender such pro forma Statement of

Negotiated Rates to Customer together with a transmittal letter

for counter-execution by Customer, which transmittal letter shall

have the sole purpose of memorializing Algonquin's and Customer's

mutual agreement to the rate-related provisions reflected on such

attached pro forma Statement of Negotiated Rates. After execution

by both Algonquin and Customer, Algonquin shall file a Statement

of Negotiated Rates with the Commission which shall contain rate-

related provisions identical to the rate-related provisions

reflected on the pro forma Statement of Negotiated Rates agreed to

by Algonquin and Customer. Any Negotiated Rate agreed to pursuant

to this Section 46 shall become effective only after acceptance by

the Commission; prior to such date the rate applicable to any such

service shall be the maximum Recourse Rate.

 

46.8 Effect of Negotiated Rate

 

Customer, by agreeing to a Negotiated Rate, acknowledges that the

otherwise generally applicable maximum Recourse Rate(s) shall not

apply or be available to Customer for service under the applicable

Service Agreement during the period for which the Negotiated Rate

is effective, notwithstanding any adjustment to such generally

applicable maximum Recourse Rate(s) which may become effective

during the period for which the Negotiated Rate is effective. If,

at any time during the period for which the Negotiated Rate is

effective, Algonquin is collecting its effective maximum Recourse

Rate(s) subject to refund under Section 4 of the Natural Gas Act,

Algonquin shall have no refund obligation to Customer even if the

final maximum Recourse Rate(s) are reduced to a level below the

Negotiated Rate. Customer's right to receive credits relating to

Algonquin's penalty revenue or other similar revenue, if any,

applicable to service on Algonquin's system shall be governed by

Algonquin's FERC Gas Tariff and any applicable Commission orders

and/or regulations.

 

47. Off-system Pipeline Capacity

 

From time to time, Algonquin may enter into transportation and/or

storage agreements with other interstate or intrastate pipeline

companies ("off-system pipeline"). In the event that Algonquin acquires

capacity on an off-system pipeline, Algonquin will use such capacity for

operational reasons and will only render service to Customers on the

acquired capacity pursuant to Algonquin's FERC Gas Tariff and subject to

Algonquin's approved rates, as such tariff and rates may change from

time to time. For purposes of transactions entered into subject to this

Section 47, the "shipper must have title" requirement is waived.