Southeast Supply Header, LLC

Original Volume No. 1

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Effective Date: 09/04/2008, Docket: CP07-44-005, Status: Effective

Original Sheet No. 350 Original Sheet No. 350

 

GENERAL TERMS AND CONDITIONS

(CONTINUED)

 

35. DISCOUNT POLICY (continued)

 

35.6 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 MDQ 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).