Keyspan LNG, LP (Alng)

Third Revised Volume No. 1

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Effective Date: 01/27/2003, Docket: RP03-241-000, Status: Effective

Original Sheet No. 90 Original Sheet No. 90 : Effective

 

Joseph A. Vaszily, Vice President

 

GENERAL TERMS AND CONDITIONS

(continued)

 

31. PERIODIC RATE ADJUSTMENTS

 

KLNG and Customer recognize that KLNG will from time to time

experience changes in costs related to providing service under this

tariff, including, but not limited to, changes in the cost of labor,

benefits, materials and supplies, taxes, required rate of return,

costs associated with the resolution of past disputes or outstanding

uncertainties concerning amounts owed by KLNG or Customer or

attributable to KLNG or Customer, and costs generated by decisions

of the Commission, the courts or by an arbitration panel or other

body having jurisdiction over KLNG. The parties further recognize

that it may be appropriate, equitable and consistent with cost

responsibility to allocate such costs among customers based on or

taking into account past period factors, such as Contract Storage

Quantity levels, storage inventory levels, or other factors related

to a prior period of time. Customer agrees that KLNG shall have the

right from time to time to make rate change filings which may

include such costs and utilize an allocation methodology based in

whole or in part on factors related to past periods. Customer shall

have the right to intervene and protest any such filing; provided,

however, it shall not be grounds for protest that such filing

constitutes a violation of the filed rate doctrine or constitutes

retroactive ratemaking or that Customer did not have adequate notice

of the fact that such costs could be allocated to Customer.