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under this Rate Schedule IT will be in effect until replaced or superseded by some other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