MarkWest Pioneer, L.L.C.
Original Volume No. 1
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Effective Date: 04/01/2009, Docket: RP09-321-000, Status: Effective
Original Sheet No. 72 Original Sheet No. 72
GENERAL TERMS AND CONDITIONS
(Continued)
14. CREDITING AND PENALTY REVENUES
14.1. Amounts OFO and Imbalance Penalties
14.1.1. Amounts collected by Transporter as payment of OFO and Imbalance
penalties, pursuant to Sections 11 and 13 of the GT&C, net of any
resulting costs shall be credited to Eligible Shippers in the month
such penalties are invoiced.
14.1.2. For a given month, Eligible Shippers with regard to OFOs are
Shippers who complied with Transporter’s OFO.
14.1.3. For a given month, Eligible Shippers with regard to Imbalances are
Shippers who did not incur an Imbalance penalty.
15. NEGOTIATED RATES
15.1. Transporter and Shipper may agree to a rate under any Rate Schedule which
may deviate in either form or level or both from the applicable maximum
recourse rates set forth in the Statement of Rates and Charges in this
Tariff. If Transporter and Shipper do not agree to a negotiated rate, the
applicable recourse rates for that service will be available.
15.2. Filing Requirement - No later than the Business Day on which Transporter
commences service at a negotiated rate (or if the day on which Transporter
commences service is not a Business Day, then no later than the next
Business Day thereafter), Transporter will file either the FT or IT
Agreement or a tariff sheet stating the exact legal name of the Shipper, the
negotiated rate, the rate schedule, the receipt and delivery points, the
contract quantity, and, where applicable, the exact formula underlying a
negotiated rate for any FT or IT Agreement. (To the extent any
transportation agreement deviates in any material respect from the Form of
Service Agreement in the tariff for the applicable rate schedule, such
agreement will be filed with the Commission.)