Horizon Pipeline Company, L.L.C.

Original Volume No. 1

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Effective Date: 10/12/2009, Docket: RP09-856-001, Status: Pending

Original Sheet No. 306 Original Sheet No. 306

 

EXHIBIT C [Negotiated Rate Agreement - FTS]

DATED ............

EFFECTIVE ...................

 

Shipper: ...................

Contract No.: ...................

ARTICLE 1

NEGOTIATED RATE PARAMETERS

 

1.1 Negotiated Rate Term: From..........Through..........

 

1.2 Negotiated Monthly/Daily Base Reservation Rate: $.......... /Dth. of MDQ.

 

1.3 Negotiated Base Commodity Rate: $.......... /Dth.

 

1.4 Eligible Firm Transportation Quantity: .......... Dth./day.

 

1.5 Eligible Primary Receipt Points: [as set forth in Exhibit A, unless otherwise listed herein]

 

ELIGIBLE POINT

NAME PIN MDQ (Dth/d.)

---- --- --------------

 

1.6 Eligible Secondary Receipt Points: The Negotiated Monthly/Daily Base Reservation Rate shall apply

to service provided on a firm basis from the following secondary receipt points: .................

 

1.7 Eligible Primary Delivery Points: [as set forth in Exhibit B, unless otherwise listed herein]

 

ELIGIBLE POINT

NAME PIN MDQ (Dth/d.)

---- --- ----------------

 

1.8 Eligible Secondary Delivery Points: The Negotiated Monthly/Daily Base Reservation Rate shall apply

to service provided on a firm basis to the following secondary delivery points: .................

 

ARTICLE 2

NEGOTIATED RATE TERMS AND CONDITIONS; OTHER CHARGES

 

2.1 General Negotiated Rate Limitations: The Negotiated Monthly/Daily Base Reservation Rate and

Negotiated Base Commodity Rate shall apply only to: (i) service provided to Shipper by Horizon

under the Transportation Agreement from the Eligible Receipt Points to the Eligible Delivery Points

during the Negotiated Rate Term; and (ii) an aggregate maximum daily firm transportation quantity

equal to the Eligible Firm Transportation Quantity set forth in Section 1.4 above, for all

quantities transported on a firm basis under the Transportation Agreement and any associated

capacity release replacement agreements. Unless otherwise agreed, Shipper shall be charged all

applicable additional rates, charges, and surcharges set forth in Horizon's FERC Gas Tariff, as may

be revised from time to time, for any aggregate quantities transported on a firm basis on any day

for Shipper and any associated capacity release replacement shippers which: (i) are in excess of

the Eligible Firm Transportation Quantity, or (ii) involve any receipt or delivery points which are

not Eligible Receipt or Delivery Points.

 

2.2 Discountable Third Party Surcharges: From time to time, certain reservation and/or commodity

surcharges may be approved by the FERC for inclusion in Horizon's FERC Gas Tariff which Horizon is:

(i) required to collect from Shipper and remit to the FERC or to another third party; and (ii)

permitted to discount the amount of such surcharge from the applicable maximum rate set forth in

Horizon's FERC Gas Tariff ("Discountable Third Party Surcharges"). [Describe any applicable

surcharges covered by this Section and whether Horizon is agreeable to negotiate the applicability

of such surcharges as part of the negotiated rates.]

 

2.3 Additional Rates, Charges, and Surcharges: In addition to the Negotiated Monthly/Daily Base

Reservation Rate and the Negotiated Base Commodity Rate, and unless otherwise expressly provided in

this Agreement or agreed to in writing by Horizon, Shipper shall also pay Horizon all other

applicable maximum rates, charges, surcharges, and penalties of any nature set forth in Horizon's

FERC Gas Tariff, as may be revised from time to time, including without limitation all applicable

maximum: (i) Fuel and Gas Lost and Unaccountable For charges; (ii) authorized and unauthorized

overrun charges; (iii) reservation charges and surcharges; (iv) commodity charges and surcharges;

and (v) ACA surcharges.