Centerpoint Energy - Mississippi River

Third Revised Volume No. 1

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Effective Date: 01/19/2005, Docket: RP05-129-000, Status: Effective

Original Sheet No. 291B Original Sheet No. 291B : Effective

 

Contract # ___________

 

TRANSPORTATION SERVICE AGREEMENT

FOR RATE SCHEDULE [FSS AND ISS]

 

EXHIBIT A

(Continued)

Page 2 of 2

 

 

(d) Term of Rate: Begin Date(s): _____________________

End Date(s): _____________________

 

(e) Authorized Overrun: [For discounted rate transactions, any authorized overrun quantities shall be at

the following rate: _______________________________.] [For Negotiated Rate transactions, unless MRT

agrees otherwise, the rate for any authorized overrun quantities shall be the greater of the maximum

tariff rate or the rate described in this Exhibit A.]

 

(f) Rate-Related Provisions:

 

(i) Consideration for Rate Granted: MRT agrees to the rates specified in this Exhibit A in

exchange for Customer's agreement to forego credits or other benefits to which Customer would

otherwise be entitled under the Agreement, but only to the extent such credits or benefits

would result in a greater economic benefit over the term of this Exhibit A than that

represented by the agreed-upon rate. Accordingly, unless MRT otherwise agrees, Customer will

not receive credits (with the exception of (1) penalty revenue credits provided pursuant to

Section 34 of the General Terms and Conditions of MRT's tariff, and (2) capacity release

credits) from rates, refunds or other revenues collected by MRT or Customer if to do so would

effectively result in a lower rate or greater economic benefit to Customer; provided, however,

that (I) for a Customer taking service under a discount or recourse rate agreement, the rate in

any month shall never be above MRT's applicable maximum tariff rate, and (II) MRT and a

Customer taking service under a Negotiated Rate agreement can agree pursuant to Section 14.2 of

the General Terms and Conditions of MRT's tariff that MRT will retain some or all of the

capacity release credits to the extent those credits exceed the amount of the Customer's

invoiced demand component. If the parties' agreement to the foregoing is determined invalid or

if Customer seeks to obtain credits or benefits inconsistent therewith, unless MRT otherwise

agrees, it will have the right to immediately terminate or modify any provisions of this

Exhibit A that would allow Customer to pay amounts less than the maximum applicable tariff

rate.