Texas Gas Transmission, LLC

Third Revised Volume No. 1

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Effective Date: 04/01/2009, Docket: RP00-426-042, Status: Effective

Original Sheet No. 88A Original Sheet No. 88A

 

Eligible Secondary Receipt Points: Other points of interconnection on the Fayetteville Lateral

 

Eligible Primary Delivery Point(s): Lula, Meter No. 9714

 

Eligible Secondary Delivery Point(s): NGPL-Bald Knob, Meter No. 9163

MRT-Bald Knob, Meter No. 9799

TETCO-Bald Knob, Meter No. 9533

 

Negotiated Rate(s): The rate set forth below will remain in effect for the term of this Agreement without regard to Texas Gas' maximum or

minimum applicable rates.

 

This Negotiated Rate Agreement shall in no event be construed as waiving any rights that Southwestern has under the

MFN Contract (defined below) or relieving Texas Gas of its obligations to Southwestern under the MFN Contract.

 

Demand Rate: $0.1650 per MMBtu per day

 

Commodity Rate: $0.0010 per MMBtu, plus applicable ACA surcharge

 

Overrun Rate to the Eligible

Primary Delivery Point: $0.1853 per MMBtu, plus applicable ACA surcharge

 

Overrun Rate to Eligible

Secondary Delivery Points:$0.0803 per MMBtu, plus applicable ACA surcharge

 

The Negotiated Overrun Rates are limited to total gas quantities up to 15% of Firm Transportation Contract Demand.

 

Fuel Use, Loss and

Unaccounted for: Texas Gas' effective maximum fuel use, loss, and unaccounted for percentage, not to exceed 0.25% per MMBtu beginning

the later of (a) April 1, 2009, or (b) the first day of the month after the date that Texas Gas has (i) received

approval from the Pipeline and Hazardous Materials Safety Administration of Texas Gas' Special Operating Permit

applications, and (ii) received authority from the Federal Energy Regulatory Commission to operate the Fayetteville

Lateral at a capacity of 950,000 MMBtu per day.

 

Texas Gas' effective maximum fuel use, loss and unaccounted for percentage, not to exceed 0.30% per MMBtu beginning

on the date that the Contract Demand increases to 300,000 MMBtu per day.

 

Texas Gas' maximum applicable transportation rates shall apply during any Renewal Terms; provided, however, that

during the first two (2) Renewal Terms, the Negotiated Demand, Commodity, Fuel and Overrun rates shall apply as long

as Southwestern maintains a contract demand in each Renewal Term that is at least fifty percent (50%) of the contract

demand in the immediately preceding Initial Term or Renewal Term, as the case may be.

 

*Continued on Sheet No. 88B