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

Original Volume No. 1

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

Second Revised Sheet No. 299 Second Revised Sheet No. 299

Superseding: First Revised Sheet No. 299

GENERAL TERMS AND CONDITIONS

(Continued)

17. MISCELLANEOUS SURCHARGES

17.1 Annual Charge Adjustment Provision.

(a) The purpose of this Section is to establish an Annual Charge

Adjustment (ACA) provision under which Transporter can

recover annual charges assessed to it by the Commission

pursuant to Part 382 of the Commission's Regulations.

(b) All amounts assessed shall be recorded in Account No. 928.

Transporter will not seek to recover the ACA assessed to it

pursuant to Part 382 of the Commission's Regulations in an

NGA Section 4 rate case.

in such assessment charge shall be filed by Transporter at

least 30 days prior to the proposed effective Date unless,

for good cause shown, lesser periods are allowed by

Commission Order. The proposed effective date of filings

shall be October 1 of each calendar year.

18. WAIVERS

18.1 Penalty Waiver. Transporter may, in exercise of its reasonable

discretion, and on a nondiscriminatory basis, waive all or a part

of any penalty which might otherwise apply. Transporter shall

maintain a record of all waivers granted.

18.2 Non-Waiver of Future Default. The failure of either Party hereto at

any time to require performance by the other Party of any provision

of the agreement shall in no way affect the right of such Party

thereafter to enforce the same, nor shall the waiver by either Party

of any breach of any provision hereof by the other Party be taken or

held to be a waiver by such Party of any succeeding breach of such

provision, or as a waiver of the provision itself.

18.3 Waivers of Past or Future Defaults.

(a) Transporter may, from time to time and on a not unduly

discriminatory basis, waive any of its rights hereunder and

compliance with the provisions of this Tariff. All such

waivers shall be limited to past defaults or other past

occurrences or case-by-case in advance waivers addressing

specific, short-term operational problems.

(b) Transporter shall record any such waivers in a log, which

shall be posted for public inspection on its website in

accordance with Part 358 of the Commission's Regulations.