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.