Trunkline Gas Company, LLC

Third Revised Volume No. 1

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Effective Date: 02/25/2006, Docket: RP06-186-000, Status: Effective

Second Revised Sheet No. 542 Second Revised Sheet No. 542 : Effective

Superseding: First Revised Sheet No. 542

RATE SCHEDULE DVS (Continued)

DELILVERY VARIANCE SERVICE

FORM OF SERVICE AGREEMENT

 

 

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 utilized (i.e.,

that the rates shall be adjusted in a specified relationship to

Quantities actually utilized at the specified Point of Delivery); 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. 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 Trunkline'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 Trunkline and DVS Party.

 

From time to time DVS Party and Trunkline 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 B to this Service Agreement.

 

ARTICLE 4 - GENERAL TERMS AND CONDITIONS

 

This Agreement and all terms for service hereunder are subject

to the further provisions of Rate Schedule DVS and the General Terms

and Conditions of Trunkline's Tariff, as such may be modified,

supplemented, superseded or replaced generally or as to the service

hereunder. Trunkline reserves the right from time to time to

unilaterally file and to make effective any such changes in the

provisions of Rate Schedule DVS and the General Terms and Conditions,

subject to the applicable provisions of the Natural Gas Act and the

Commission's Regulations thereunder. Such Rate Schedule and General

Terms and Conditions, as may be changed from time to time, are by

this reference incorporated in their entirety into this Agreement and

made an integral part hereof.