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. 593 Original Sheet No. 593 : Effective
RATE SCHEDULE IWS (Continued)
INTERRUPTIBLE WINTER STORAGE SERVICE
FORM OF STORAGE AGREEMENT
ARTICLE 2
BILLING AND PAYMENT
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 IWS filed with the
Commission, as such rates and charges and Rate Schedule IWS 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hereafter be modified, supplemented, superseded, or replaced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 IWS
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 IWS 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) in a
specified relationship to the Quantities actually stored (i.e., that
the rates shall be adjusted in a specified relationship to the actual
Stored Quantity); or (e) 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 period during which rates
which had been charged under a discount agreement exceeded rates
which ultimately are found to be just and reasonable. Any
discount(s) shall be effective only on a prospective basis and as
specified in the written agreement between Panhandle and Shipper.