Cheyenne Plains Gas Pipeline Company, L.L.C.

Original Volume No. 1

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Effective Date: 07/26/2010, Docket: RP10-876-000, Status: Effective

Second Revised Sheet No. 241 Second Revised Sheet No. 241

Superseding: First Revised Sheet No. 241

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

4. REQUEST FOR SERVICES (Continued)

4.12 Negotiated Rate Authority

 

(a) Authority and Conditions. The rate or rates to be charged for

service pursuant to any rate schedule contained in this Tariff

may vary in form or level from the maximum-to-minimum ranges set

forth on Statement of Rates sheets of this Tariff, provided:

 

(i) Transporter and Shipper have executed a valid TSA agreeing

to such negotiated rate(s) or rate formula,

 

(ii) At the time of execution of such TSA or amendment agreeing

to the negotiated rate(s) or rate formula, Shipper had

access to service pursuant to this Tariff at the rates then

set forth on the Statement of Rates sheets or, in the event

of initial construction, Shipper had access to service

pursuant to this Tariff at recourse rates and an initial

recourse rate estimate was provided in good faith, and

 

(iii) Prior to commencing service at such negotiated rate(s) or

rate formula, Transporter will have filed a tariff sheet

advising the Commission of such negotiated rate TSA,

stating the exact legal name of Shipper and specifying the

rate or rate formula included in such agreement,

 

(b) Impact on Capacity Allocation. To the extent the revenue level

pursuant to the negotiated rate(s) or rate formula should exceed

the maximum rate for such service stated on the Statement of

Rates sheets of this Tariff, Shipper paying such rate(s) shall

be treated, for capacity-allocation purposes pursuant to Section

6.5, and for purposes of evaluating ROFR bids pursuant to

Section 4.9 of these General Terms and Conditions, as if the

rate(s) paid had been equal to the maximum rate for such service

stated on the Statement of Rates sheets. The highest rate the

Shipper must match for ROFR matching purposes is the maximum

rate set forth in this Tariff. Any Shipper, existing or new,

paying the maximum tariff rate has the same right to capacity as

a Shipper willing to pay a higher negotiated rate. If the

negotiated rate is higher than the corresponding maximum

recourse rate, the negotiated rate cannot be used as the price

cap for release capacity pursuant to Section 9 of these General

Terms and Conditions.

 

(c) Accounting for Costs and Revenues. Transporter will maintain

accounting records so that revenues can be tracked to each

negotiated rate transaction