Midwestern Gas Transmission Company
SECOND REVISED VOLUME NO. 1
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Effective Date: 11/30/1998, Docket: RP99-108-000, Status: Effective
Third Revised Sheet No. 25 Third Revised Sheet No. 25 : Effective
Superseding: First Revised Sheet No. 25
RATE SCHEDULE IT (continued)
5.2 Transportation Rate: The Transportation Rate is the maximum rate per Dth as shown
on the effective Tariff Sheet No. 5, unless otherwise mutually agreed and
specified in the IT Agreement. By mutual agreement between Transporter and
Shipper, discounts may be limited consistent with the provisions of Section 6.1 of
the pro forma service agreement applicable to this Rate Schedule IT.
5.3 New Facilities Charge: In addition to the charges pursuant to Section 5.2 of this
Rate Schedule, Transporter may charge Shipper an amount to recoup some or all of
the cost (and income tax effects resulting from such reimbursement) of facilities
constructed at the Shipper's request in order to provide transportation service
under this Rate Schedule. Transporter shall not use the amounts so collected (as
either revenues or costs) in establishing its general system rates. Shipper shall
pay the New Facilities Charge by lump sum payment based upon Transporter's
estimated cost prior to any construction activity, unless otherwise mutually
agreed.
Transporter will construct only those facilities to render transportation services
hereunder that interconnect with facilities that either cross or are immediately
adjacent to Transporter's existing facilities; provided, however, Transporter
shall not construct facilities hereunder that will result in the expansion or
diminishment of Transporter's mainline capacity or that compromise the operational
integrity of Transporter's pipeline system. Transporter will own and operate all
facilities constructed.
5.4 Incidental Charges: In addition to the charges pursuant to Section 5.2 and 5.3 of
this Rate Schedule, Transporter shall charge Shipper an amount to reimburse
Transporter 100% for any filing or similar fees, that have not been previously
paid by Shipper, that Transporter incurs in establishing or rendering service.
Transporter shall not use the amounts so collected (as either revenues or costs)
in establishing its general system rates.
5.5 Imbalance Charge: In addition to the charges in Sections 5.2, 5.3, 5.4 and 5.5,
if Shipper takes receipts or deliveries at a point not covered by a Balancing
Agreement, then, Transporter shall charge Shipper any applicable charges as
provided in Rate Schedules LMS-MA or LMS-PA, as applicable and Section 8 of
Article III of the General Terms and Conditions specified in Volume I of
Transporter's Tariff.
5.6 Notwithstanding any provision of Transporter's effective FERC Gas Tariff to the
contrary, Transporter and Shipper may mutually agree in writing to rates, rate
components, charges or credits for service under this Rate Schedule that differ
from those rates, rate components, charges or credits that are otherwise
prescribed, required, established or imposed by this Rate Schedule or by any other
applicable provision of Transporter's effective FERC Gas Tariff. If Transporter
agrees to such differing rates, rate components, charges or credits ("Negotiated
Rates"), then the Negotiated Rate(s) shall be effective only for the period agreed
upon by Transporter. During such period, the Negotiated Rate shall govern and
apply to the Shipper's service and the otherwise applicable rate, rate component,
charge or credit, which the parties have agreed to replace with the Negotiated
Rate, shall not apply to, or be available to, the Shipper. At the end of such
period, the otherwise applicable maximum rates or charges shall govern the service