Centerpoint Energy - Mississippi River
Third Revised Volume No. 1
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Effective Date: 04/17/2005, Docket: RP05-231-001, Status: Effective
Third Revised Sheet No. 226B Third Revised Sheet No. 226B : Effective
Superseding: Second Revised Sheet No. 226B
GENERAL TERMS AND CONDITIONS
(Continued)
19. MRT'S RIGHT TO CHANGE RATES AND TERMS OF SERVICE
19.1 MRT shall have the unilateral right to file with any appropriate
regulatory authority and make changes effective in (1) the rates and charges
applicable under MRT's rate schedule(s), including both the level and design
of such rates and charges; and (2) the applicable terms of service for any
rate schedule or any other portion of this tariff. MRT agrees that any
Customer may protest or contest the aforementioned filings, or may seek
authorization from duly constituted regulatory authorities, for such
adjustment to MRT's existing tariff as may be found necessary to assure that
its provisions are just and reasonable.
19.2 Negotiated Rates and Recourse Rates. Notwithstanding anything to
the contrary contained in this tariff, MRT and Customer may negotiate and
agree upon a rate for service under any rate schedule contained in this
tariff. ("Negotiated Rate," as further defined below), and such Negotiated
Rate shall apply to MRT's provision of such service according to that
agreement. MRT's maximum rate as shown on MRT's Statement of Effective Rates
and Charges for a particular service ("Recourse Rate") is available for any
Customer that does not desire to negotiate a rate with MRT for that service.
A Negotiated Rate shall mean a rate for service, the individual
components of which may exceed the maximum reservation charge, if applicable,
or usage charge, as stated on MRT's Statement of Effective Rates and Charges
for that service. With respect to a Negotiated Rate which, when calculated on
a 100% load factor basis, exceeds MRT's Recourse Rate for that service, for
purposes of allocation of capacity pursuant to Section 8 of the General Terms
and Conditions of MRT's tariff, Customers shall be considered to have paid the
Recourse Rate. For purposes of bid evaluations that lead to an award of
capacity, MRT will award capacity pursuant to Section 5.9(e) of the General
Terms & Conditions of MRT's tariff. For purposes of exercising rights to
continue service pursuant to Section 15 of the General Terms and Conditions of
MRT's tariff, the highest rate that a Customer must match if it desires to
retain all or a portion of its capacity and continue to receive firm service
under the same Rate Schedule beyond the expiration date of such Long-Term Firm
Agreement is the Recourse Rate applicable to such service.