Gulf South Pipeline Company L P
Sixth Revised Volume No. 1
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Effective Date: 07/22/2010, Docket: RP10-872-000, Status: Effective
Fifth Revised Sheet No. 2901 Fifth Revised Sheet No. 2901
Superseding: Fourth Revised Sheet No. 2901
GENERAL TERMS AND CONDITIONS
Section 23
23. Negotiated Rates
23.1 Gulf South and Customer may negotiate a rate for service under any cost-based
rate schedule contained in this Tariff. A negotiated rate shall be any rate
which has the ability to exceed the applicable maximum tariff rate and/or the
ability to be less than the minimum tariff rate for any month or is based upon a
rate design other than Straight Fixed Variable. The recourse rate is available
to any Customer that does not desire to negotiate a rate with Gulf South. The
recourse rate is defined as the maximum reservation charge, if applicable, and/or
the maximum commodity charge set forth on Gulf South's rate sheets for the
applicable cost-based service.
23.2 For purposes of awarding capacity and determining the best bid pursuant to
Section 7.4 and for scheduling interruptible transportation pursuant to Section
11.4, Customers willing to pay a negotiated rate which, when calculated on a 100%
load factor basis, exceeds the maximum tariff rate, will be considered to be
paying the maximum tariff rate. Under Section 30, the highest rate the original
Customer must match if it wishes to continue its firm service is the maximum
tariff rate.
23.3 Where negotiated rates include an option fee, the applicable rate will be
calculated as follows for purposes of scheduling interruptible transportation
under Section 11.4: (i) the transportation rate, plus (ii) the quotient of the
total value of the option fee divided by the volume applicable to the option fee.
For purposes of determining the best bid pursuant to Section 29.1(D) and Section
30.2(e), the option fee will be included in the same manner in the net present
value calculation.
23.4 The following procedure shall be used to file all negotiated rate letter
agreements (except for short-term capacity release agreements containing
negotiated rate provisions, which shall be posted to Gulf South's Informational
Postings Website): no later than the business day on which Gulf South commences
service at a negotiated rate (or if the day on which Gulf South commences such
service is not a business day, then the next business day after Gulf South
commences such service), Gulf South shall file with the Commission a copy of the
negotiated rate agreement, and an affirmation that the negotiated rate agreement
does not deviate in any material aspect from the applicable form of service
agreement in Gulf South's tariff.
The following procedure shall be used to post all short-term capacity release
agreements containing negotiated rate provisions to Gulf South's Informational
Postings Website: no later than the business day on which Gulf South commences
service at a negotiated rate for a short-term capacity release agreement (or if
the day on which Gulf South commences such service is not a business day, then the
next business day after Gulf South commences such service), Gulf South shall post
to its Informational Postings Website a copy of the capacity release agreement and
the negotiated rate agreement, and an affirmation that the negotiated rate
agreement does not deviate in any material aspect from the applicable form of
service agreement in Gulf South's tariff.