Trans-Union Interstate Pipeline, L.P.

Original Volume No. 1

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Effective Date: 02/07/2006, Docket: RP06-217-000, Status: Effective

Original Sheet No. 126 Original Sheet No. 126 : Effective

 

 

22.3 Unless otherwise agreed to by Transporter, Shipper will

reimburse or

compensate Transporter, on mutually agreeable terms, for 100% of

Transporter's

construction, acquisition and/or installation costs (including

any associated

tax effects), as defined below, for facilities required to effect

the service

requested by Shipper. Transporter may waive this requirement at

its

discretion, on a not unduly discriminatory basis.

 

For the purposes of this section, Transporter's construction,

acquisition,

and/or installation costs shall include, but shall not be limited

to:

Transporter's design costs, equipment costs, labor costs,

material costs,

supervision costs, construction financing costs (including a

return on

equity), taxes (whether income or otherwise), filing fees, right

of way costs

and permitting costs. Nothing in this Article shall require

Transporter to

file an application for a certificate of public convenience and

necessity

under section 7(c) of the Natural Gas Act. Nothing in this

section shall

prevent Transporter from contesting an application for service

filed pursuant

to section 7(a) of the Natural Gas Act. Finally, nothing in this

section

shall require Transporter to build any facilities, the

construction or

operation of which would subject Transporter to the jurisdiction

of any state

regulatory agency. Transporter reserves the right to seek a

waiver of the

policy set forth herein, for good cause shown during any

proceeding before the

Commission instituted under section 7 of the Natural Gas Act.

 

23. FERC ANNUAL CHARGE ADJUSTMENT

 

Transporter shall adjust the rates charged for services as

specified below

from time to time to reflect the annual charge assessed

Transporter by FERC

(Annual Charge) pursuant to Order No. 472 or any other

superseding or related

rule or order.

 

23.1 Funding Services shall include all Transportation

services under Rate

Schedules in Transporter's FERC Gas Tariff.

 

23.2 The effective rates for Funding Services under Rate

Schedules in

Transporter's FERC Gas Tariff shall be the rate for each

applicable Rate

Schedule shown on Transporter's effective Statement of Rates and

Charges

reflecting the Current Annual Charge Rate Adjustment under this

section 23.

 

(a) The effective date of adjustment for each annual charge rate

adjustment

filed pursuant to this section 23 shall be October 1 of each

year. The Annual

Charge Adjustment shall become effective on the effective date of

adjustment

without suspension or refund obligation.

 

(b) Filing Procedure: At least thirty days prior to the

effective date of

adjustment, Transporter shall file with FERC and post, as defined

in Section

154.402 of the Commission's Regulations, revised Tariff Sheet a

Statement of

Rates and Charges in Volume No. 1 of Transporter's FERC Gas

Tariff, reflecting

the current Annual Charge Adjustment.