El Paso Natural Gas Company
Second Revised Volume No. 1A
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Effective Date: 04/01/2010, Docket: RP10-454-001, Status: Effective
Third Revised Sheet No. 223 Third Revised Sheet No. 223
Superseding: Second Revised Sheet No. 223
TRANSPORTATION GENERAL TERMS AND CONDITIONS
(Continued)
4. REQUESTS FOR SERVICES (Continued)
4.18 Negotiated Rate Authority
(a) Authority and Conditions. Notwithstanding anything to the
contrary contained in this Tariff, including the rate
schedules contained herein, Transporter and Shipper may agree
to a rate or rates to be charged for service pursuant to any
rate schedule contained in this Tariff (including rates
derived from a formula) that may vary in form or level from
the maximum-to-minimum ranges set forth on Statement of Rates
of this Tariff ("Negotiated Rate"). This provision does not
allow Transporter and Shipper to negotiate terms and
conditions of service.
(i) Transporter's maximum applicable rates (plus all
applicable surcharges) for service under any such rate
schedule are available as recourse rates for any
Shipper that elects not to negotiate a Negotiated
Rate.
(ii) Negotiated Rates shall be mutually agreed to and set
forth in writing.
(iii) Transporter and Shipper may agree to a Negotiated Rate
for the entire term of a TSA, or may agree to a
Negotiated Rate for some portion of the term of a TSA.
Transporter and Shipper may agree to apply the
Negotiated Rate to all or a portion of capacity under
Shipper's TSA.
(iv) During the period a Negotiated Rate is in place, the
Negotiated Rate shall govern and apply to
Transporter's service under the TSA and the otherwise
applicable rate, rate component, charge or credit
shall not apply or be available to the Shipper. Only
those rates, components, charges or credits which are
superseded by a Negotiated Rate shall be ineffective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 Tariff shall remain in effect. At the
end of the period during which Negotiated Rates are in
effect, the otherwise applicable Tariff rates or
charges shall govern any service provided to Shipper.