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

First Revised Sheet No. 63F First Revised Sheet No. 63F : Effective

Superseding: ORIGINAL SHEET NO. 63F

RATE SCHEDULE MC

MARKET CENTER SERVICES

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(continued)

 

4.4 Changes in Rates

 

The rates specified in this FERC Gas Tariff, Second Revised Volume No. 1, for the

service performed by Transporter for Shipper under this Rate Schedule MC 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effect until replaced or superseded by some other legally effective rate applicable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 under this tariff 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 protest

or otherwise contest increased rates in whole or in part.

 

Notwithstanding any provisions of the MC Service 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 is changed, then

the price per Dth for Gas parked, loaned, or to which title is transferred 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 parked, loaned, or

to which title is transferred 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. 5A 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 A 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.