Viking Gas Transmission Company
First Revised Volume No. 1
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Effective Date: 07/01/2004, Docket: RP04-306-000, Status: Effective
Second Revised Sheet No. 15C.01 Second Revised Sheet No. 15C.01 : Effective
Superseding: First Revised Sheet No. 15C.01
RATE SCHEDULE FT-B
FIRM TRANSPORTATION SERVICE
5. RATES AND CHARGES (Continued)
5.5 Negotiated Rates
Notwithstanding any provision of Company's effective FERC Gas Tariff to the
contrary, Company and Shipper may mutually agree in writing to a Negotiated Rate
with respect to rates, rate components, charges, or credits that are otherwise
prescribed, required, established or imposed by this Rate Schedule or by any other
applicable provision of Company's effective FERC Gas Tariff. The Negotiated Rate
may be less than, equal to or greater than the Maximum Rate; shall not be less
than the Minimum Rate; may be based on a rate design other than straight fixed
variable; and may include a minimum quantity. The Maximum Rate shall be available
to any Shipper that does not choose a Negotiated Rate. Nothing in the provisions
governing Negotiated Rate Agreements shall authorize Company or Shipper to violate
FERC's policy with respect to negotiation of terms and conditions of service.
Such Negotiated Rate shall be set forth on an Exhibit of the executed Firm
Transportation Agreement and on the Statement of Negotiated Rates in Company's
FERC Gas Tariff.
If Company agrees to such Negotiated Rate(s), then the Negotiated Rate(s) shall be
effective only for the period agreed upon by Company. During such period, the
Negotiated Rate shall govern and apply to the Shipper's services and the otherwise
applicable rate, rate component, charge or credit which the parties have agreed to
replace with the Negotiated Rate, shall not apply to, or be available to, the
Shipper. Only those rates, rate components, charges or credits identified by
Company and Shipper in writing as being superseded by a Negotiated Rate shall be
ineffective during the period that the Negotiated Rate is effective; all other
rates, rate components, charges, or credits prescribed, required, established or
imposed by this Rate Schedule or Company's Tariff shall remain in effect.
At the end of the period during which the Negotiated Rate is in effect, the
otherwise applicable Maximum Rates or charges shall govern the service provided to
Shipper.
Shippers paying a Negotiated Rate which exceeds the Maximum Rate will be
considered to be paying the Maximum Rate for purposes of scheduling, curtailment
and interruption, and calculating the economic value of a request for unsubscribed
firm capacity.
Replacement Shippers may not bid or pay a rate greater than the Maximum Rate and
are not eligible for Negotiated Rates. In the event that capacity subject to a
Negotiated Rate which is based on a rate design other than straight fixed variable
is released, Shipper and Company may agree on billing adjustments to the Releasing
Shipper that may vary from or are in addition to those set forth in Section 21 of
the General Terms and Conditions of Company's effective FERC Gas Tariff in order
to preserve the economic bases of the Negotiated Rate. Such payment obligation
and crediting mechanism for capacity release shall be set forth on an Exhibit of
the executed Firm Transportation Agreement.