Gulf Crossing Pipeline Company LLC
Original Volume No. 1
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Effective Date: 12/20/2008, Docket: RP09-61-000, Status: Effective
Original Sheet No. 702 Original Sheet No. 702
GENERAL TERMS AND CONDITIONS
Section 9
(Continued)
(8) if the discounted rate meets all of the
requirements of Section 9.2 (a)(7) above and is
calculated on a 100% load factor basis for
volumes actually transported, inclusive of fuel,
ACA, and the applicable transportation rate
components. In no event shall either the sum of
the rate components or any individual rate
component exceed Gulf Crossing's maximum Tariff
rates or be below Gulf Crossing's minimum Tariff
rates.
(9) In addition, the discount agreement may include
a provision that if one rate component which was
at or below the applicable maximum rate at the
time the discount agreement was executed
subsequently exceeds the applicable maximum rate
due to a change in Gulf Crossing's maximum
rates so that such rate component must be
adjusted downward to equal the new applicable
maximum rate, then other rate components may be
adjusted upward to achieve the agreed overall
rate, as long as none of the resulting rate
components exceed the maximum rate applicable to
that rate component. Such changes to rate
components shall be applied prospectively,
commencing with the date a Commission Order
accepts revised Tariff sheet rates. However,
nothing contained herein shall be construed to
alter a refund obligation under applicable law
for any period during which rates that had been
charged under a discount agreement exceeded
rates, which ultimately are found to be just and
reasonable.