Cheniere Creole Trail Pipeline, L.P.

Original Volume No. 1

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Effective Date: 04/28/2008, Docket: RP08-137-000, Status: Effective

Original Sheet No. 211 Original Sheet No. 211 : Pending

 

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

30. NEGOTIATED RATES

 

A. Availability. Transporter and Shipper may mutually agree to negotiate

rates under any Part 284 Rate Schedule that expressly provides for a

negotiated rate and specifically references this Section 30.

 

B. Definition. Transporter and Shipper may mutually agree to a negotiated

rate, which rate shall be less than, equal to, or greater than Transporter's

maximum and/or minimum rates, may be based upon a rate design other than

Straight Fixed Variable ("SFV"), and may include a minimum quantity.

 

D. Conditions. Negotiated rates shall be charged by Transporter, provided:

 

1. Transporter and Shipper have executed a valid Service Agreement

containing therein as in a related agreement, specific negotiated rate(s) or a

negotiated rate formula;

2. Shipper has the same service available at a recourse rate;

3. Transporter and Shipper do not negotiate terms and conditions of service

under this Section; and

4. No later than the Business Day on which Transporter commences service

under a negotiated rate, Transporter will file a tariff sheet advising the

Commission of such negotiated rate, stating the name of Shipper, the type of

service, the primary Receipt and Delivery Point(s) applicable to the service,

the quantity of gas to be transported, and any other changes, and specifying

either: (a) the specific negotiated rate or the negotiated rate formula with

sufficient specificity that the rate in effect from time to time can be

readily calculated. Either the tariff must incorporate a statement that the

Service Agreement does not deviate from the form of Service Agreement in any

material respect, or Transporter must file the contract containing a material

deviation.

D. Best Bid for Available Firm Capacity. Where the negotiated rate or the

rate under a negotiated rate formula results in revenue which is greater than

the revenue which would be generated by the maximum recourse rate, the

negotiated rate or negotiated rate formula shall be evaluated the same as the

recourse rate applied under such bid or request for service.