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
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
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