East Tennessee Natural Gas, LLC
Third Revised Volume No. 1
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Effective Date: 07/05/2008, Docket: RP08-398-000, Status: Effective
Fourth Revised Sheet No. 105 Fourth Revised Sheet No. 105
Superseding: Third Revised Sheet No. 105
FT-A RATE SCHEDULE
FIRM TRANSPORTATION SERVICE
4.2 New Facilities: In addition to the charges pursuant to Section 4.1 of
this Rate Schedule, Transporter shall charge Shipper an amount to
reimburse 100% of the cost (including a gross-up for the income tax
effects of reimbursement) of facilities constructed at the Shipper's
request in order to provide transportation service under this Rate
Schedule. Further, Transporter shall charge Shipper an amount to
reimburse 100% of the cost (including a gross-up for the income tax
effects of reimbursement) of all electronic custody transfer
equipment, metering facilities, gravitometers, calorimeters, flow
controllers or other measuring or metering facilities.
4.3 Incidental Charges: In addition to the charges pursuant to Sections
4.1 and 4.2 of this Rate Schedule, Transporter shall charge Shipper an
amount to reimburse Transporter 100% for any filing or similar fees
and, if applicable, sales or use tax that have not been previously
paid by Shipper, which Transporter incurs in establishing or rendering
service. Transporter shall not use the amounts of incidental charges
so collected as either costs or revenues in establishing its general
system rates. The applicable incidental charges shall be stated in
the FT-A Agreement.
4.4 Authorized Overrun Charge: If Shipper, upon receiving the advance
approval of Transporter, should on any Day take under this Rate
Schedule a quantity of natural gas in excess of that which Shipper is
authorized to take under Shipper's FT-A Agreement or Section 19 of the
General Terms and Conditions, then such quantity shall constitute an
authorized overrun quantity. All Shipper requests for Authorized
Overruns must be nominated via LINK®. For all such authorized overrun
volumes, Shipper shall pay Transporter a rate equal to the volumetric
derivative of the maximum transportation charge applicable to the
service under its agreement and this Rate Schedule designed on a 100%
Load Factor basis multiplied by the excess quantities delivered to
Shipper, unless the parties mutually agree otherwise.
4.5 Negotiated Rates: Notwithstanding any provision of Transporter's
effective FERC Gas Tariff to the contrary, Transporter and Shipper may
mutually agree in writing to rates, rate components, charges or
credits for service under this Rate Schedule that differ from those
rates, rate components, charges or credits that are otherwise
prescribed, required, established or imposed by this Rate Schedule or
by any other applicable provision of Transporter's effective FERC Gas
Tariff. If Transporter agrees to such differing rates, rate
components, charges or credits ("Negotiated Rates") then the
Negotiated Rate(s) shall be effective only for the period agreed upon
by Transporter. During such period, the Negotiated Rate shall govern
and apply to the Shipper's service and the otherwise applicable rate,
rate component, charge or credit, which the parties have agreed to
replace with the Negotiated Rate, shall not apply to, or be available
to, the Shipper. At the end of such period, the otherwise applicable
maximum rates or charges shall govern the service provided to Shipper.
Only those rates, rate components, charges or credits identified by
Transporter and Shipper in writing as being superseded by a Negotiated
Rate shall be ineffective during the period that the Negotiated Rate
is effective; all other rates, rate components, charges or credits
prescribed, required, established or imposed by this Rate Schedule or
Transporter's FERC Gas Tariff shall remain in effect. Transporter
shall make any filings with the Commission necessary to effectuate a
Negotiated Rate.