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.