Central Kentucky Transmission Company
Original Volume No. 1
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Effective Date: 05/01/2006, Docket: CP05- 48-002, Status: Effective
Original Sheet No. 351 Original Sheet No. 351 : Effective
Service Agreement No. __________
Control No. ____________________
SERVICE AGREEMENT
(Continued)
Section 3. Rates. Shipper shall pay Transporter the charges and furnish
Retainage as described in the above-referenced Rate Schedule, unless
otherwise agreed to by the parties in writing and specified as an amendment
to this Agreement. Transporter may agree to discount its rate to Shipper
below Transporter's maximum rate, but not less than Transporter's minimum
rate. Such discounted rate may apply to: a) specified quantities
(contract demand or commodity quantities); b) specified quantities above or
below a certain level or all quantities if quantities exceed a certain
level; c) quantities during specified time periods; d) quantities at
specified points, locations, or other defined geographical areas; and e)
that a specified discounted rate will apply in a specified relationship to
the quantities actually transported (i.e., that the reservation charge will
be adjusted in a specified relationship to quantities actually
transported). 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 Transporter's maximum rate
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.
Section 4. Changes in Rates and Terms. Transporter shall have the
unilateral right to file with the Commission or other appropriate
regulatory authority and make changes effective in (a) the rates and
charges applicable to Rate Schedules FTS and ITS, (b) the terms or
conditions of Rate Schedules FTS and ITS, or (c) any provisions of the
General Terms and Conditions of Service applicable to Rate Schedules FTS
and ITS. Transporter agrees that Shipper may protest or contest the
aforementioned filings, or seek any authorization from duly constituted
regulatory authorities for such adjustment of Transporter's existing Tariff
as may be found necessary to assure that the provisions referred to in (a),
(b) or (c) of this Section 4 are just and reasonable.