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. 193 Original Sheet No. 193

 

31. NEGOTIATED RATES

31.1??PRECONDITIONS TO NEGOTIATED RATES

Rates (including but not limited to Fuel Reimbursement) to be charged by Pipeline for

service to any Customer under Rate Schedule NNS, FTS, ITS, FTS-OSF, or ITS-OSF

may deviate in either form or level or both from the applicable maximum and/or

minimum rate level in this Tariff, subject to the following provisions:

(a) Pipeline and Customer have executed a valid Service Agreement containing therein

or in a related agreement a specific mutual understanding that Negotiated Rate(s) or a

Negotiated Rate Formula will apply to service for that Customer;

(b)??At the time of execution of the Service Agreement (or the amendment to a Service

Agreement), which first provides for the applicability to Customer of the Negotiated

Rate(s) or Negotiated Rate Formula, service was available pursuant to the terms and

conditions (not modified by this Section 31) of Rate Schedule NNS, FTS, ITS, FTS-OSF,

or ITS-OSF of this FERC Gas Tariff, as applicable;

(c)??Pipeline may only offer or accept offers for service under this Section 31 if and to

the extent service is available at the Recourse Rate;

(d)??Pipeline will not negotiate terms and conditions of service under this Section 31; and

(e)??No later than the Business Day on which Pipeline commences service at such

Negotiated Rate(s) or Negotiated Rate Formula (or if the Day on which Pipeline

commences service is not a Business Day, then no later than the next Business Day

after Pipeline commences service), Pipeline will file a tariff sheet advising the

Commission of such Negotiated Rate or Negotiated Rate Formula, stating the name of

Customer, the type of service, the term of the Negotiated Rate or Negotiated Rate

Formula, the primary Point(s) of Receipt and Point(s) of Delivery Point applicable to the

service, the quantities of the Gas to be transported, any other charges, and specifying

either:? (i) the specific Negotiated Rate included in such Service Agreement; or (ii) the

Negotiated Rate Formula included in such Service Agreement with sufficient specificity

such that the rate in effect from time to time can be readily calculated.? The tariff sheet

must either incorporate a statement that the Service Agreement does not deviate from

the TF03193 000 05P158Original Sheet No. 193

 

form of Service Agreement in any material respect, or Pipeline shall file with the

Commission a copy of the non-conforming agreement.