Crossroads Pipeline Company

First Revised Volume No. 1

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Effective Date: 07/08/2006, Docket: RP06-387-000, Status: Effective

First Revised Sheet No. 476 First Revised Sheet No. 476 : Effective

Superseding: Original Sheet No. 476

GENERAL TERMS AND CONDITIONS

(Continued)

 

47. NEGOTIATED RATES.

 

47.1 Availability. Transporter and Shipper may mutually agree to a

Negotiated Rate for service under any Rate Schedule, provided Shipper has

not acquired its capacity as a temporary capacity release under Section 14

(Release and Assignment of Service Rights) of the General Terms and

Conditions.

 

47.2 Recourse Rate Availability. The Recourse Rate shall be available to

any Shipper that does not wish to mutually agree to a Negotiated Rate.

 

47.3 Limitations. This Section 47 does not authorize the negotiation of

terms and conditions of service.

 

47.4 Allocations/Interruptions Based on Price. Under any circumstances

where the allocation or interruption of capacity is determined by the rate

being paid (including pursuant to Sections 7 (Capacity Allocation) and 16

(Interruptions of Service) of the General Terms and Conditions), Shippers

paying more than the Recourse Rate will be considered to be paying the

Recourse Rate.

 

47.5 Capacity Release. With the exception of short-term (less than one

year) capacity release transactions under Order No. 637 that occur during

the period March 27, 2000 until September 30, 2002, the maximum price cap

for the release of capacity under a Negotiated Rate agreement shall be the

Recourse Rate. Transporter and a Releasor under Section 14 (Release and

Assignment of Service Rights) of the General Terms and Conditions may, in

connection with their agreement to a Negotiated Rate, agree upon payment

obligations and crediting mechanisms in the event of a capacity release

that vary from or are in addition to those set forth in General Terms and

Conditions Section 14.8.

 

47.6 Right of First Refusal. Unless otherwise agreed to by Transporter and

Shipper pursuant to General Terms and Conditions Section 4.1(c)(1)(b), the

right of first refusal provided with respect to certain Shipper's firm

Service Agreements, as described in Section 4 (Auctions of Available Firm

Service) of the General Terms and Conditions, shall not apply to firm

service agreements with Negotiated Rates.