East Tennessee Natural Gas, LLC

Third Revised Volume No. 1

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Effective Date: 10/01/2007, Docket: RP97- 13-031, Status: Effective

Original Sheet No. 29 Original Sheet No. 29 : Effective

 

 

STATEMENT OF NEGOTIATED RATES

 

Customer Name: Carolina Power & Light Co. dba Progress Energy Carolinas, Inc.

Contract Number: 410135R2 1/

Rate Schedule: FT-A

Demand Rate: 2/ 3/ 4/

Commodity Rate: 2/ 3/ 4/

Term of Negotiated Rate: 10/01/2007 - 10/31/2012

Quantity: 30,000 Dth/d

Receipt Point(s): 5/

Delivery Point(s): 5/

 

 

1/ The designated service agreement is an immaterially non-conforming agreement and will be

filed with Federal Energy Regulatory Commission("FERC") for approval as necessary.

 

2/ During the Primary Term for the months of April through October only, the Monthly Demand Rate

shall be $5.17 per Dth and no Commodity Rate, except that for the month of October, 2007, the

Commodity Rate shall be $0.33 per Dth and no Monthly Demand Rate. During the Primary Term

for the months of November through March only, the Commodity Rate shall be $0.33 per Dth and

no Monthly Demand Rate. The rates herein are for quantities delivered up to the MDTQ of

30,000 Dth. In addition to these rates, Shipper shall pay the FERC Annual Charge Adjustment

and fuel and lost and unaccounted for gas as set forth in Transporter's Tariff for FT-A

(Patriot) service as revised from time to time pursuant to Transporter's Tariff. Shipper

shall not be charged for any other surcharges or rate adjustments.

 

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-A 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 negotiated rates set forth herein are applicable for primary receipts from EREC-Dickinson

#4 (Meter No. 59332)and primary deliveries to Transco-Cascade Creek (Meter No. 59204) during

the months of April through October, and for primary receipts from Transco-Cascade Creek

(Meter No. 59304) and primary deliveries to Saltville LLC Storage Injection (Meter No. 59760)

during the months of November through March. The negotiated rates set forth shall also apply

if Shipper changes its Primary Point of Receipt (in whole or in part) to Stone Mountain or

any receipt point within Shipper's transportation path pursuant to the procedures set forth

in Transporter's FERC Gas Tariff.