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. 73 Original Sheet No. 73

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

15.3. Precondition - Transporter and Shipper have executed an FT or IT Agreement

for a negotiated rate. At the time of execution, service was available for

Shipper under one or more of the rate schedules generally applicable to all

Shippers at a recourse rate.

 

15.4. Allocation of Capacity - For purposes of allocating capacity, whether by

Transporter or pursuant to the capacity release provisions of Section 22 of

the GT&C, a negotiated rate Shipper paying a rate higher than the maximum

applicable recourse rate will be deemed to be paying a rate equal to such

maximum recourse rate. The price cap for bidding for capacity under the

ROFR provisions in Section 23 of the GT&C is the maximum recourse rate.

 

15.5. Capacity Release - The release of capacity under an FT Agreement is capped

at the maximum recourse rate, except for releases where no such rate cap

applies; provided, however, the negotiated rate Shipper will continue to be

obligated to pay Transporter any difference by which the revenue due under

the FT Agreement exceeds the revenue received from the Replacement Shipper.

Transporter and a negotiated rate Shipper may agree upon payment obligations

and crediting mechanisms, which vary from or are different from those set

forth in Transporter’s capacity release provisions in Section 22 of the

GT&C.

 

15.6. Accounting Treatment - Transporter will establish a new sub-account to

record the revenues from any negotiated rate transactions and shall maintain

supporting information at a level of detail sufficient for Natural Gas Act

section 4 rate change filing purposes. Transporter will maintain records

that keep separate and identifiable each volume transported, billing

determinant, surcharge, and revenue associated with a negotiated rate to

permit filings in the form of Statements G, I, and J in future rate

proceedings.