Petal Gas Storage, L. L. C.

Original Volume No. 1

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Effective Date: 11/14/2005, Docket: RP06- 28-000, Status: Effective

First Revised Sheet No. 138 First Revised Sheet No. 138 : Effective

Superseding: Original Sheet No. 138

 

 

GENERAL TERMS AND CONDITIONS (Continued)

 

 

26. Discounting

 

Petal and Customer may agree that a specified discounted rate will apply: (a)

to Rate Schedules FTS and ITS; (b) only if specified quantity levels are

actually achieved under Customer's service agreement (with higher rates,

charges, and fees applicable to all quantities above those levels, or to all

quantities under Customer's service agreement if the specified levels are not

achieved); (c) only during specified time periods; or (d) only to specified

Points of Receipt, Points of Delivery, transportation paths, or defined

geographical areas; provided, however, that any such discounted rates set forth

above shall be between the minimum and maximum rates applicable to the service

provided under Petal's Tariff.

 

Such forms of discounts shall not be considered a material deviation from

Petal's pro forma service agreements as a result of such discounts and Petal

shall not be required to file such agreements with the Commission as a non-

conforming agreement because of such discounts.

 

In addition, the discount agreement may include a provision that if one

rate component that 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 Petal'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, as long as none of the resulting rate components

exceeds 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 sheet rates. However, nothing

contained herein shall be construed to alter a refund obligation under

applicable law for any period during which rates that had been charged

under a discount agreement exceeded rates that ultimately are found to be

just and reasonable.