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. 80 Original Sheet No. 80
GENERAL TERMS AND CONDITIONS
(Continued)
20.3. For the purposes of this section, Transporter’s construction, acquisition,
and/or installation costs shall include, but shall not be limited to:
Transporter’s design costs, equipment costs, labor costs, material costs,
supervision costs, construction financing costs (including a return on
equity), taxes (whether income or otherwise), filing fees, right of way
costs, environmental compliance costs and permitting costs.
20.4. Transporter may waive all or a portion of the facility cost reimbursement
requirement if Transporter determines that the expected throughput, revenues
or other benefits make construction of the facilities economical to
Transporter. Transporter shall treat requests for waiver in a manner which
is not unduly discriminatory.
20.5. Within ninety (90) days after commencing service for the requesting Shipper,
Transporter shall determine the actual cost of constructing and installing
the requested facilities. If the actual cost is less than the new
facilities cost paid by the requesting Shipper under this section, the
difference shall be refunded to the requesting Shipper within thirty (30)
days of such determination. If the actual costs is greater than the new
facilities cost paid by the requesting Shipper under this section, the
difference shall be paid by the requesting Shipper within thirty (30) days
of such determination.
20.6. Unless mutually agreed otherwise by Transporter and Shipper, Transporter
shall have title to, own and operate all new facilities added to its system
pursuant to this section.
21. WARRANTY TO TITLE
21.1. Shipper warrants for itself, its successors and assigns, that it will have,
at the time of tender of Gas to Transporter hereunder, good title to the Gas
it tenders, that the Gas it tenders hereunder shall be free and clear of all
liens,