Dominion Cove Point LNG, LP

Original Volume No. 1

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Effective Date: 03/06/2006, Docket: RP06-211-000, Status: Effective

Second Revised Sheet No. 283 Second Revised Sheet No. 283 : Effective

Superseding: Substitute First Revised Sheet No. 283

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

 

 

29. NEGOTIATED RATES

 

29.1 Notwithstanding anything to the contrary to this Tariff, Operator may charge a Negotiated

Rate for service under any Rate Schedule to any Buyer that has access to recourse service,

which shall be service at the applicable maximum tariff rates, including surcharges,

pursuant to the applicable Rate Schedule, and Buyer agrees to pay such Negotiated Rate.

 

29.2 A Negotiated Rate shall mean a rate calculated pursuant to a rate formula or any rate for

service where, for at least some portion of the contract term, one or more of the

individual rate components exceeds the maximum charge, or is less than the minimum charge,

for such component.

 

29.3 This Section does not authorize Operator to negotiate terms and conditions of services.

 

29.4 A Buyer paying for service under a Negotiated Rate higher than the maximum rate is deemed

to have paid the maximum rates for purposes of scheduling, curtailment or interruption of

service, capacity allocation, and bidding for available firm service.

 

29.5 Unless Operator files a service agreement containing a negotiated rate that proposes a

material change from its Form of Service Agreement, Operator will file, at its option, at

least one day prior to the effective date of such Negotiated Rate either the agreement or a

numbered tariff sheet in this Tariff, stating: Buyer's exact legal name, the Negotiated

Rate or rate formula, applicable Rate Schedule, Points of Receipt and Delivery, contract

quantities, contract duration and an affirmation that the affected Service Agreement(s)

does not deviate in any material aspect from the Form of Service Agreement in this Tariff.

Operator shall file these descriptions in Sheet Nos. 550-599 of this Tariff.