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. 188 Original Sheet No. 188
28. DISCOUNT POLICY
(a) In the event that Pipeline agrees to discount its rate to Customer below Pipeline?s
maximum rate under Pipeline?s Rate Schedules, the following discount terms may be
reflected on the applicable Service Agreements and will apply without the discount
constituting a material deviation from Pipeline?s applicable pro forma Service
Agreements; provided, however, that any such discounted rates set forth below shall be
between the minimum and maximum rates applicable to the service provided under the
applicable Rate Schedule. Pipeline and Customer may agree that a specified discounted
rate will apply under the following conditions:
(i) to specified quantities under Customer?s Service
Agreement(s);
(ii) to specified quantities above or below a certain level or all quantities if quantities
exceed a certain level;
(iii) in a specified relationship to quantities actually transported (i.e., that the
Reservation charge will be adjusted in a specified relationship to quantities actually
transported);
(iv) to specified quantities during specified periods of time or during specified periods
of the year;
(v) to specified quantities at specific Point(s) of Receipt or Point(s) of Delivery or
other geographical locations;
(vi) to production reserves committed or dedicated by Customer; and/or
(vii) that a specific discounted rate is based on published index prices for specific
Point(s) of Receipt and/or Point(s) of Delivery or other agreed-upon published pricing
reference points (such discounted rate may be based upon the differential between
published prices or arrived at by formula). Any agreement containing such discounted
rate shall specify the rate component(s) to be discounted (i.e., Reservation charge or
Commodity charge or both), and any formula will provide a reservation rate per unit of
contract demand (Maximum Daily Quantity). To the extent the firm Reservation charge
is discounted, the index price differential rate formula shall be calculated to state a rate
per Dth. Furthermore, such discount shall not change the underlying rate design of the
service being provided or include any minimum bill or maximum take provision that
would have the effect of guaranteeing revenue.
In addition, the discount agreement may include a provision that if one rate component
which was at or below the applicable maximum rate at the time the discount agreement
was executed subsequently exceeds the applicable maximum rate or is less than the
applicable minimum rate due to a change in Pipeline?s maximum (minimum) rates so
that such rate component must be adjusted downward (upward) to equal the new
applicable maximum (minimum) rate, the other rate components may be adjusted
upward (downward) to achieve the agreed overall rate, so long as none of the resulting
rate components exceed the maximum rate or are less than the minimum rate applicable
to that rate component. Such changes to rate components shall be applied
prospectively, commencing with the date a Commission order accepts revised tariff
sheets. Nothing contained herein shall be construed to alter a refund obligation under
applicable law for any period during which rates which had been charged under a
discount agreement exceeded rates which ultimately are found to be just and reasonable.