American Midstream (Midla), LLC

Sixth Revised Volume No. 1

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Effective Date: 05/01/2010, Docket: RP10-483-000, Status: Effective

Original Sheet No. 176 Original Sheet No. 176

 

20. DULY CONSTITUTED AUTHORITIES

 

These General Terms and Conditions, the Rate Schedules to which they apply, and any

executed Service Agreement for service hereunder are subject to valid laws, orders,

rules, and regulations of duly constituted authorities having jurisdiction.

 

21. DESCRIPTIVE HEADINGS

 

The descriptive headings of the provisions of this Tariff are formulated and used for

convenience only and shall not be deemed to affect the meaning or construction of such

provisions.

 

22. ANNUAL CHARGE ADJUSTMENT CLAUSE (ACA)

 

22.1 Annual charges are assessed against Gas pipelines by the Federal Energy

Regulatory Commission (FERC) under 18 C.F.R. Part 382 of the Commission's

Regulations prior to each fiscal year in order to cover the cost of the operation of the

FERC. For the purpose of recovering annual charges assessed Pipeline by the FERC,

this Section 22 establishes, pursuant to Section 154.38(d)(6) of the Commission's

Regulations an ACA unit rate to be applicable to quantities transported or sold under

Pipeline's Rate Schedules identified in Paragraph 22.2. This ACA unit rate is in addition

to any amounts otherwise payable to Pipeline under such Rate Schedules. Pipeline does

not intend to recover any annual charges recorded in FERC Account No. 928 in a

Section 4 rate case while this Section 22 is in effect. Pipeline reserves the right to cancel

this Section 22 and elect the Section 4 rate case recovery methodology at a future date.

 

22.2 The ACA unit rate shall be applicable to all Rate Schedules which are part of this

FERC Gas Tariff.

 

22.3 The Rate Schedules specified in Paragraph 22.2 shall include an increment for an

ACA for the fiscal year October 1 through September 30 of the next succeeding year.

Such increment shall