Centerpoint Energy - Mississippi River
Third Revised Volume No. 1
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Effective Date: 07/22/2005, Docket: RP05-388-000, Status: Effective
Second Revised Sheet No. 226C Second Revised Sheet No. 226C : Effective
Superseding: First Revised Sheet No. 226C
GENERAL TERMS AND CONDITIONS
(Continued)
19. MRT'S RIGHT TO CHANGE RATES AND TERMS OF SERVICE (Continued)
Absent prior Commission approval, no Negotiated Rate agreement shall
include terms that deviate in any material respect from those set forth in the
Transportation Service Agreement Form included in this tariff. Each
Negotiated Rate agreement shall be filed with the Commission or reflected on a
tariff sheet to be filed no later than the date of commencement of service.
Any tariff sheet filed with the Commission shall state the exact legal name of
the Customer, the applicable Rate Schedule, the receipt and delivery point(s),
the contract quantities, and, as applicable, the Negotiated Rate or the
Negotiated Rate formula. The tariff sheet also shall contain a statement that
the Negotiated Rate agreement does not deviate in any material aspect from the
Transportation Service Agreement Form included in this tariff.
MRT shall record separately the billing determinants, volumes
transported, rates, surcharges and all revenues associated with MRT's
Negotiated Rate transactions so that this data can be separately identified on
an as needed basis. Additionally, MRT will separately identify as stated
above, any and all transactions that originate as Part 284 discounted
transactions and subsequently become Negotiated Rate transactions.
MRT's provision of service at Negotiated Rates shall not in any way
restrict MRT's ability to seek a discount-type adjustment in the design of its
rates in a future general rate proceeding, to the maximum extent permissible
under Commission policy, for Negotiated Rate agreements that were converted
from pre-existing agreements under which the rates charged to the customer
were discounted from the applicable maximum tariff rates. This ability of MRT
to seek a future discount-type adjustment shall apply only to discounted
transportation rate agreements under Part 284 of the Commission's regulations
where, upon renegotiation of the applicable rate, the new agreement becomes an
agreement for transportation service at Negotiated Rates under the definition
set forth in Section 19.2 of this tariff. In the event MRT seeks to include
negotiated rate agreements in MRT's rate discount adjustment in a future rate
proceeding, the discount adjustment shall be based on the greater of (a) the
Negotiated Rate revenues received or (b) the discounted Recourse Rate revenues
which otherwise would have been received. MRT shall have the burden of
showing the appropriateness of such discount adjustments.