Southeast Supply Header, LLC
Original Volume No. 1
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Effective Date: 06/28/2010, Docket: RP10-783-000, Status: Effective
First Revised Sheet No. 340 First Revised Sheet No. 340
Superseding: Original Sheet No. 340
GENERAL TERMS AND CONDITIONS
(CONTINUED)
29. INCORPORATION IN RATE SCHEDULES AND AGREEMENTS
These General Terms and Conditions are incorporated in and are a part
of Transporter's Rate Schedules and Agreements. To the extent there is
any inconsistency between terms in these General Terms and Conditions
and terms in Transporter's Rate Schedules or Agreements, these General
Terms and Conditions shall govern.
30. NEGOTIATED RATES
30.1 Availability. Notwithstanding anything to the contrary contained
in this Tariff, Transporter and Shipper may mutually agree to a
Negotiated Rate and contract term for all or any portion of the
capacity under any Part 284 Agreement, provided that Shipper has
not acquired its capacity under the capacity release provisions
of Section 25. If only a portion of the capacity under any
Agreement will be priced at Negotiated Rates, the original
Agreement must first be bifurcated, and the existing Maximum
Recourse Rates or discounted rates will continue to apply to the
Agreement not subject to the Negotiated Rates. If Transporter
and Shipper fail to agree to a Negotiated Rate, Shipper may
receive service at the applicable Maximum Recourse Rate,
including surcharges, for service under the Rate Schedule
applicable to the service.
30.2 Filing Requirement. Transporter will submit to the Commission a
Statement of Negotiated Rates stating the exact legal name of the
Shipper, the Negotiated Rate, the rate schedule, the contract
term, the Receipt Point(s), Delivery Point(s), the MDQ, and where
applicable, the exact formula underlying a Negotiated Rate for
any Negotiated Rate Agreement. Unless Transporter executes and
files a non-conforming Agreement, such Statement of Negotiated
Rates will contain a statement that the Negotiated Rate Agreement
does not deviate in any material respect from the Form of Service
Agreement for the applicable Rate Schedule.