Panhandle Eastern Pipe Line Company, LP
THIRD REVISED VOLUME NO. 1
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Effective Date: 06/30/2004, Docket: RP04-321-000, Status: Effective
Original Sheet No. 558 Original Sheet No. 558 : Effective
RATE SCHEDULE EIT (Continued)
ENHANCED INTERRUPTIBLE TRANSPORTATION SERVICE
FORM OF TRANSPORTATION AGREEMENT
ARTICLE 3 - RATES AND CHARGES
For the services provided or contracted for hereunder, Shipper
agrees to pay Panhandle the then-effective, applicable rates and
charges under Panhandle's Rate Schedule EIT filed with the
Commission, as such rates and charges and Rate Schedule EIT may
hereafter be modified, supplemented, superseded, or replaced
generally or as to the service hereunder. Panhandle reserves the
right from time to time to unilaterally file and to make effective
any such changes in the terms or rate levels under Rate Schedule EIT
and the applicability thereof, the General Terms and Conditions or
any other provisions of Panhandle's Tariff, subject to the applicable
provisions of the Natural Gas Act and the Commission's Regulations
thereunder.
From time to time Panhandle and Shipper may agree in writing,
on a level of discount of the otherwise applicable rates and charges
hereunder, pursuant to the effective applicable provisions of Rate
Schedule EIT and subject to the Regulations and Orders of the
Commission. For example, Panhandle and Shipper may agree that a
specified discounted rate shall apply: (a) only to certain
Quantities under this Agreement; (b) only if specified Quantity
levels are actually achieved or only with respect to Quantities below
a specified level; (c) only during specified time periods; (d) only
to specified Points of Receipt, Points of Delivery, mainline
segments, transportation paths or defined geographical areas; (e)
only to production reserves committed by the Shipper; (f) in a
specified relationship to the Quantities actually transported (i.e.,
that the rates shall be adjusted in a specified relationship to
Quantities actually transported); or (g) based on published index
prices for specific receipt or delivery points or other agreed upon
pricing reference points for price determination (Such discounted
rate may be based on the published index price point differential or
arrived at by formula. Any service agreement containing an index
based discount will identify what rate component is discounted.);
provided, however, that any such discounted rate set forth above
shall be between the Maximum Rate and Minimum Rate applicable to the
service provided under this Agreement. In addition, the discount
agreement may include a provision that if one rate component which
was at or below the applicable Maximum Rate at the time the discount
agreement was executed subsequently exceeds the applicable Maximum
Rate due to a change in Panhandle's Maximum Rates so that such rate
component must be adjusted downward to equal the new applicable
Maximum Rate, then other rate components may be adjusted upward to
achieve the agreed overall rate, so long as none of the resulting
rate components exceed the Maximum Rate applicable to that rate
component. Such changes to rate components shall be applied
prospectively, commencing with the date a Commission order accepts
revised tariff sheets. However, nothing contained herein shall be
construed to alter a refund obligation under applicable law for any