Mojave Pipeline Company

Second Revised Volume No. 1

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Effective Date: 06/03/2010, Docket: RP10-706-000, Status: Effective

First Revised Sheet No. 221 First Revised Sheet No. 221

Superseding: Original Sheet No. 221

 

GENERAL TERMS AND CONDITIONS

(Continued)

4. Requests for Service (Continued)

4.19 Negotiated Rate Authority

 

(a) Authority and Conditions. Notwithstanding anything to the

contrary contained in this Tariff, including the rate schedules

contained herein, Transporter and Shipper may agree to a rate

or rates to be charged for service pursuant to any rate

schedule contained in this Tariff that may vary in form or

level from the maximum-to-minimum ranges set forth on Statement

of Rates sheets of this Tariff ("Negotiated Rate"). This

provision does not allow Transporter and Shipper to negotiate

terms and conditions of service.

 

(i) Transporter's maximum applicable rates (plus all applicable

surcharges) for service under any such rate schedule are

available as recourse rates for any Shipper that elects not

to negotiate a Negotiated Rate.

 

(ii) Negotiated Rates shall be mutually agreed to and set forth

in writing.

 

(iii) Transporter and Shipper may agree to a Negotiated Rate for

the entire term of a Service Agreement, or may agree to a

Negotiated Rate for some portion of the term of a Service

Agreement. Transporter and Shipper may agree to apply the

Negotiated Rate to all or a portion of capacity under

Shipper's Service Agreement.

 

(iv) During the period a Negotiated Rate is in place, the

Negotiated Rate shall govern and apply to Transporter's

service under the Service Agreement and the otherwise

applicable rate, rate component, charge or credit shall not

apply or be available to the Shipper. Only those rates,

components, charges or credits which are superseded by a

Negotiated Rate shall be ineffective during the period that

the Negotiated Rate is effective; all other rates, rate

components, charges, or credits prescribed, required,

established, or imposed by this Tariff shall remain in

effect. At the end of the period during which Negotiated

Rates are in effect, the otherwise applicable Tariff rates

or charges shall govern any service provided to Shipper.

 

(v) Prior to or on the same day as commencing service at such

Negotiated Rate, Transporter shall file either: (i) the

Negotiated Rate agreement; or (ii) a tariff sheet advising

the Commission of such Negotiated Rate agreement, stating

the exact legal name of Shipper and specifying the actual

Negotiated Rate or rate formula included in such agreement.