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
Fourth Revised Sheet No. 225 Fourth Revised Sheet No. 225
Superseding: Third Revised Sheet No. 225
TRANSPORTATION GENERAL TERMS AND CONDITIONS
(Continued)
4. REQUESTS FOR SERVICES (Continued)
4.18 Negotiated Rate Authority
(d) Discount-Type Adjustment (Continued)
(i) A discount adjustment to recourse rates shall only be
allowed to the extent that Transporter can meet the
standards required of an affiliate discount-type
adjustment, including requiring that Transporter shall
have the burden of proving that any discount granted
is required to meet competition.
Transporter shall be required to demonstrate that any
discount-type adjustment does not have an adverse
impact on recourse rate Shippers by:
(A) Demonstrating that, in the absence of
Transporter's entering into such non-conforming
Negotiated Rate agreement providing for such
discount, Transporter would not have been able
to contract for such capacity at any higher
rate, and that recourse rates would otherwise
be as high or higher than recourse rates which
result after applying the discount adjustment;
or
(B) Making another comparable showing that the non-
conforming Negotiated Rate discount contributes
more fixed costs to the system than could have
been achieved without the discount.
(ii) Transporter may also seek to include in a discount-
type adjustment non-conforming Negotiated Rate TSAs
that were converted from pre-existing discounted Part
284 TSAs to non-conforming Negotiated Rate TSAs.
4.19 Statutory Regulation. The respective obligations of Transporter
and Shipper under the Executed TSA are subject to the laws, orders,
rules and regulations of duly constituted authorities having
jurisdiction.