Gulfstream Natural Gas System, L.L.C.

Original Volume No. 1

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Effective Date: 02/12/2008, Docket: RP02-361-067, Status: Effective

First Revised Sheet No. 8.02D First Revised Sheet No. 8.02D : Effective

Superseding: Original Sheet No. 8.02D

STATEMENT OF NEGOTIATED RATES

 

Contract Contract Rate Reservation Usage Receipt Delivery

Shipper Number Term Schedule Rate Rate 3/ 4/ Points Points Quantity

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

Florida Power & Light Co.

9053985 1/ 2/12/2008 - ITS NA $0.6000 5/ 6/ 7/ 3/ 500,000 Dth/d

12/31/2010 2/

 

1/ The service agreement ("Agreement") does not deviate in any material respect from the Form of Service Agreement contained in Transporter's

Tariff.

 

2/ At the end of the primary term, the Agreement shall remain in full force and effect from month to month thereafter until terminated by

Transporter or Shipper upon at least one month prior written notice. The term of the negotiated rate shall extend from the date on which it

first applies to service under the Agreement until December 31, 2012. The negotiated rate set forth herein shall not apply to service under

the Agreement unless and until the FERC approves Transporter's filing to implement the negotiated rate without condition or modification.

 

3/ The Commodity/Usage Rate is stated in $/Dth delivered and is applicable only to deliveries at Shipper's Martin electric generation facility

located in Martin County, Florida, Shipper's Manatee electric generation facility located in Manatee County, Florida, Shipper's proposed West

County Energy Center facility located in Palm Beach County, Florida (collectively, the "Plant"), and/or Transporter's interconnections with

Florida Gas Transmission Company, LLC, at Transporter's Station Number 305 ("FGT - Hardee") and Station Number 456 ("FGT - Osceola") for

deliveries only to electric generation plants owned or dispatched by Shipper. Deliveries at any delivery points other than those listed in

the previous sentence shall be at the maximum recourse rate. In addition to the above referenced rates, Shipper shall pay the Usage-2 rate,

as specified in Section 3 of Rate Schedule ITS, all applicable charges and surcharges as set forth in Transporter's Tariff, and Transporter's

Use as reflected in Transporter's Tariff, as revised from time to time pursuant to Transporter's Tariff.

 

4/ Shipper agrees that the otherwise generally applicable maximum recourse rate(s) in effect pursuant to Transporter's Tariff shall not apply to

or be available to Shipper for service under the Agreement during the term of this negotiated rate (except to the extent expressly stated in

Footnote 3 or at any and all times when the negotiated rate is not otherwise applicable to service under the Agreement pursuant to the terms

of the negotiated rate) notwithstanding any adjustments to such generally applicable maximum recourse rate(s) which may become effective

during such term.

 

5/ In the event that Shipper does not transport under the Agreement or any other Rate Schedule ITS, PALS or FTS service agreement (excluding FTS

Agreement 9000828 and FTS Agreement 9028411, or any successor to such contracts) between Shipper and Transporter that is available for

service prior to December 31, 2012 (collectively, "Applicable Agreements"), aggregate quantities: (i) during the period commencing on August

28, 2007 and ending on December 31, 2008 which generate at least $10,000,000 in revenue to Transporter; (ii) during the period commencing on

January 1, 2009 and ending on December 31, 2009 which generate at least $500,000 in revenue to Transporter; (iii) during the period

commencing on January 1, 2010 and ending on December 31, 2010 which generate at least $13,520,000 in revenue to Transporter; (iv) during the

period commencing on January 1, 2011 and ending on December 31, 2011 which generate at least $1,500,000 in revenue to Transporter; and (v)

during the period commencing on January 1, 2012 and ending on December 31, 2012 which generate at least $1,000,000 in revenue to Transporter,

then Shipper shall pay to Transporter the positive difference between each of the stated amounts in (i), (ii), (iii), (iv), and (v) above and

the amount owed to Transporter for the actual quantities transported under the Applicable Agreements during the periods specified in (i),

(ii), (iii), (iv), and (v) above, as applicable, which shall be due with Shipper's remittance of payment for Transporter's service provided