East Tennessee Natural Gas, LLC

Third Revised Volume No. 1

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Effective Date: 08/02/2010, Docket: RP10-946-000, Status: Effective

First Revised Sheet No. 24 First Revised Sheet No. 24

Superseding: Substitute Original Sheet No. 24

 

STATEMENT OF NEGOTIATED RATES

 

Customer Name: CNX Gas Company LLC

Contract Number: 410260 1/

Rate Schedule: FT-L

Demand Rate: 2/ 3/ 4/ 6/

Commodity Rate: 2/ 3/ 4/ 6/

Term of Negotiated Rate: 5/

Quantity: 197,500 Dth/d

Receipt Point(s): 59334

Delivery Point(s): 50091

 

 

1/ The designated service agreement does not deviate in any material respect from the Form

of Service Agreement contained in Transporter's Tariff.

 

2/ During the term of this negotiated rate the Monthly Demand Rate is $3.1141 per Dth for

quantities delivered up to the MDTQ of 197,500 Dth. There is no commodity charge for the

service described herein. In addition to these rates, Shipper shall pay all applicable

charges and mandatory surcharges (such as FERC Annual Charge Adjustment) and fuel and

lost and unaccounted for gas as set forth in Transporter's Tariff as revised from time to

time pursuant to Transporter's Tariff. Shipper shall not be charged for any voluntary

surcharges such as GRI Rate Adjustment.

 

3/ In consideration of the rates set forth above, the applicable rates for service under the

Service Agreement during the Primary Term shall remain as stated above. Therefore,

pursuant to Section 4.5 of the FT-L Rate Schedule of Transporter's FERC Gas Tariff, the

rates set forth above shall constitute Negotiated Rates. The Negotiated Rates shall

replace the otherwise generally applicable maximum recourse rate, rate component, charge

or credit in Transporter's FERC Gas Tariff ("Tariff Rates"), and the Tariff Rates shall

not apply to or be available to Shipper for service under the Service Agreement during

the Primary Term (to the extent that such Tariff Rates are inconsistent with the rates

set forth above), notwithstanding any adjustments to such generally applicable maximum

recourse rate, rate component, charge or credit which may become effective during the

Primary Term.

 

4/ If, at any time after service commences under the Service Agreement, Transporter is

collecting its effective maximum recourse rates from other Shippers subject to refund

under Section 4 of the Natural Gas Act, Transporter shall have no refund obligation to

customer even if the final maximum rate is reduced to a level below the Negotiated Rates

provided herein. Customer's right to receive credits relating to Transporter's penalty

revenue or other similar revenue, if any, applicable to transportation service on

Transporter's system shall be governed by Transporter's FERC Gas Tariff and any

applicable FERC orders and/or regulations. In the event customer releases its firm

transportation rights under the Service Agreement, Shipper shall continue to be obligated

to pay Transporter for the difference, if any, by which the Negotiated Rate herein

exceeds the release rate.

 

5/ The term of the Negotiated Rates extends from the date service commences under Contract

No. 410260 for 15 years or the Primary Term of the Service Agreement.

 

6/ In accordance with Article 4.4 of the IT-L Rate Schedule, as part of the rate component

of this negotiated rate agreement, Transporter shall retain, for Transporter's sole

benefit, Shipper's pro rata share of total annual Net Revenues under Rate Schedule IT-L;

Shipper shall receive