East Tennessee Natural Gas, LLC
Third Revised Volume No. 1
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Effective Date: 04/20/2008, Docket: RP08-277-000, Status: Effective
Second Revised Sheet No. 391B Second Revised Sheet No. 391B : Effective
Superseding: First Revised Sheet No. 391B
GENERAL TERMS AND CONDITIONS (Continued)
41. DISCOUNTING POLICY (continued)
41.5 The terms of any discount request granted by Transporter pursuant
to this Section 41 shall be transmitted by e-mail to Shipper in
the form of a Discount Confirmation. The Discount Confirmation
shall identify the applicable Shipper's name, contract number,
rate schedule, term of the discount, discount rate, applicable
quantities, point(s) of receipt and delivery, and/or the segment
being discounted. The Discount Confirmation may also include
other information required for posting under the Commission's
regulations and other conditions consistent with Section 41.3. No
particular discount transaction shall be contractually binding on
either Transporter or Shipper until Transporter has confirmed the
terms of the discount upon Transporter's e-mail to Shipper of the
Discount Confirmation for the transaction, subject to the
underlying Service Agreement being fully executed. All discounts
granted shall be effective no sooner than the beginning of the
next Gas Day following the Gas Day on which the request is granted
by Transporter. Once the Discount Confirmation is contractually
binding, the Discount Confirmation will constitute an addendum to
the underlying service agreement. Each such addendum is an
integral part of the underlying service agreement as if executed
by both parties and fully copied and set forth at length therein.
41.6 If Transporter's recourse rates are subject to refund at any time
during the effectiveness of a Discount Confirmation, with respect
to the applicable discounted rate, Shipper shall be entitled to
refunds of payments made by Shipper only in the event that the
final, non-appealable maximum recourse rate, whether usage-based
or reservation-based, as determined by the Commission for a given
time period is lower than the rate actually paid by Shipper during
such time period. Subject to the condition precedent set forth in
the immediately preceding sentence, Shipper's principal refund
amount shall be equal to (i) with respect to usage-based rates,
the product of (aa) the positive difference between the final,
non-appealable maximum recourse rate and the discounted rate, and
(bb) the quantities of gas delivered to Shipper, or for Shipper's
account, during the refund period; and (ii) with respect to
reservation-based rates, the product of (cc) the positive
difference between the final, non-appealable maximum recourse rate
and the discounted rate, (dd) the MDTQ covered by the discounted
rate, and (ee) the number of Months in the refund period (partial
Months shall be prorated for the number of Days in the Month that
fall within the refund period and a discounted rate that is not a
monthly rate shall be adjusted for purposes of this calculation to
reflect the monthly equivalent of the rate).