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.