Great Lakes Gas Transmission Limited Partner

Second Revised Volume No. 1

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Effective Date: 03/08/1999, Docket: RP99-220-000, Status: Effective

Fourth Revised Sheet No. 60 Fourth Revised Sheet No. 60 : Effective

Superseding: THIRD REVISED SHEET NO. 60

 

RATE SCHEDULE IT

INTERRUPTIBLE TRANSPORTATION SERVICE

____________________________________

(continued)

 

4.4 Changes in Rates

 

The rates specified in this Tariff for the service performed by Transporter for Shipper

under this Rate Schedule IT will be in effect until replaced or superseded by some other

legally effective rate applicable to that service. Transporter, shall have the unilateral

right to file changes in rates for service rendered hereunder with the Commission, and

collect those in accordance with Section 4 of the Natural Gas Act. Shipper agrees to pay

the effective rate on file with the Commission, including increases thereto, if any, the

parties recognizing that the Commission has jurisdiction to determine in appropriate

proceedings the just and reasonable rates to be charged for service hereunder. Nothing

herein contained, however, shall be construed to deny Shipper any rights it may have

under the Natural Gas Act, as amended, or as that act may be amended, including the right

to participate fully in Commission proceedings by intervention or otherwise, and to

contest such increased rates in whole or in part.

 

Notwithstanding any provisions of the Agreement to the contrary, if in order to comply

with or by reason of any present or future law or rule, regulation or order of any

governmental body, the basis or method of measurement of gas delivered hereunder is

changed, then the price per Dth for gas transported hereunder shall be adjusted to

compensate for the change in the basis or method of measurement, to the end that the

total amount of money payable for quantities of gas transported according to the

measurement provisions set forth in the General Terms and Conditions of this FERC

Gas Tariff, Second Revised Volume No. 1, shall remain unaffected by the change of

basis or method of measurement.

 

4.5 Negotiated Rates

 

Notwithstanding any provision of Transporter's effective FERC Gas Tariff to the

contrary, Transporter and Shipper may mutually agree in writing to a Negotiated

Rate (including a Negotiated Rate Formula) with respect to rates, rate components,

charges, or credits that are otherwise prescribed, required, established, or imposed

by this Rate Schedule or by any other applicable provision of Transporter's effective

FERC Gas Tariff. The Negotiated Rate may be less than, equal to, or greater than the

maximum applicable tariff rate; shall not be less than the minimum applicable tariff

rate; may be based on a rate design other than straight fixed variable; and may include

a minimum quantity. Transporter's recourse rates shall be available to any Shipper

that does not agree to a Negotiated Rate. Recourse rates are those set forth on Sheet

No. 5 of this FERC Gas Tariff. Nothing in the provisions governing Negotiated Rate

Agreements shall authorize Transporter or Shipper to violate FERC's policy with

respect to the negotiation of terms and conditions of service.

 

If Transporter agrees to a Negotiated Rate, then such Negotiated Rate shall be effective

only for the period agreed to by Transporter. During such period, the Negotiated Rate

shall govern and apply to the Shipper's service under the Negotiated Rate Agreement and

the otherwise applicable rate, rate component, charge, or credit which the parties have

agreed to replace with the Negotiated Rate shall not apply to, or be available to, the

Shipper. Only those rates, rate components, charges, or credits identified by Transporter

and Shipper in writing as being 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

Rate Schedule or Transporter's FERC Gas Tariff shall remain in effect. At the end of

the period during which the Negotiated Rate is in effect, the otherwise applicable tariff

rates or charges shall govern any service provided to Shipper.

 

Such Negotiated Rate shall be set forth on Appendix B to the Service Agreement and

Transporter shall make any filings with the Commission necessary to effectuate such

Negotiated Rate.

 

Shippers paying a Negotiated Rate which exceeds the maximum applicable tariff rate

shall be considered to be paying the maximum applicable tariff rate for purposes of

scheduling, curtailment, and interruption, and calculating the economic value of

a request for available or unsubscribed capacity.