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. 691 Original Sheet No. 691 : Effective
RATE SCHEDULE DVS (Continued)
DELILVERY VARIANCE SERVICE
FORM OF SERVICE AGREEMENT
levels are actually achieved or only with respect to Quantities below
a specified level; (c) only during specified time periods; (d) only
to specified Point(s) of Delivery, mainline segments, transportation
paths or defined geographical areas; (e) in a specified
relationship to the Quantities actually delivered (i.e., that the
rates shall be adjusted in a specified relationship to Quantities
actually delivered at the specified Point of Delivery); or (f) 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. To the extent the firm reservation charge is
discounted, the index price differential rate formula shall be
calculated to state a rate per unit of MDVQ.); 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 DVS Party.
From time to time Panhandle and Shipper may agree to a
Negotiated Rate for a specified term for service hereunder.
Provisions governing such Negotiated Rate and term shall be set forth
on Exhibit A hereto.
ARTICLE 4 - FUEL REIMBURSEMENT
In addition to collection of the rates and charges provided for
in Article 3, Panhandle shall retain the percentage provided pursuant
to Rate Schedule DVS of the Quantity of Gas applied to the Delivery
Variance Service each Day, for reimbursement in kind from DVS Party
for fuel usage and unaccounted-for line loss.