Trailblazer Pipeline Company

Fourth Revised Volume No. 1

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Effective Date: 10/11/2009, Docket: RP09-858-001, Status: Effective

Original Sheet No. 306 Original Sheet No. 306

 

EXHIBIT C [Negotiated Rate Agreement - FTS]

DATED ............

EFFECTIVE ...................

 

Shipper: ...................

Contract No.: ...................

ARTICLE 1

NEGOTIATED RATE PARAMETERS

 

1.1 Negotiated Rate Term: From..........Through..........

 

1.2 Negotiated Monthly/Daily Base Reservation Rate: $.......... /Dth. of MDQ.

 

1.3 Negotiated Base Commodity Rate: $.......... /Dth.

 

1.4 Eligible Firm Transportation Quantity: .......... Dth./day.

 

1.5 Eligible Primary Receipt Points: [as set forth in Exhibit A, unless otherwise listed herein]

 

ELIGIBLE POINT

NAME PIN MDQ (Dth/d.)

---- --- --------------

 

1.6 Eligible Secondary Receipt Points: The Negotiated Monthly/Daily Base Reservation Rate shall apply

to service provided on a firm basis from the following secondary receipt points: .................

 

1.7 Eligible Primary Delivery Points: [as set forth in Exhibit B, unless otherwise listed herein]

 

ELIGIBLE POINT

NAME PIN MDQ (Dth/d.)

---- --- ----------------

 

1.8 Eligible Secondary Delivery Points: The Negotiated Monthly/Daily Base Reservation Rate shall apply

to service provided on a firm basis to the following secondary delivery points: .................

 

ARTICLE 2

NEGOTIATED RATE TERMS AND CONDITIONS; OTHER CHARGES

 

2.1 General Negotiated Rate Limitations: The Negotiated Monthly/Daily Base Reservation Rate and

Negotiated Base Commodity Rate shall apply only to: (i) service provided to Shipper by Trailblazer

under the Transportation Agreement from the Eligible Receipt Points to the Eligible Delivery Points

during the Negotiated Rate Term; and (ii) an aggregate maximum daily firm transportation quantity

equal to the Eligible Firm Transportation Quantity set forth in Section 1.4 above, for all

quantities transported on a firm basis under the Transportation Agreement and any associated

capacity release replacement agreements. Unless otherwise agreed, Shipper shall be charged all

applicable additional rates, charges, and surcharges set forth in Trailblazer's FERC Gas Tariff, as

may be revised from time to time, for any aggregate quantities transported on a firm basis on any

day for Shipper and any associated capacity release replacement shippers which: (i) are in excess

of the Eligible Firm Transportation Quantity, or (ii) involve any receipt or delivery points which

are not Eligible Receipt or Delivery Points.

 

2.2 Discountable Third Party Surcharges: From time to time, certain reservation and/or commodity

surcharges may be approved by the FERC for inclusion in Trailblazer's FERC Gas Tariff which

Trailblazer is: (i) required to collect from Shipper and remit to the FERC or to another third

party; and (ii) permitted to discount the amount of such surcharge from the applicable maximum rate

set forth in Trailblazer's FERC Gas Tariff ("Discountable Third Party Surcharges"). [Describe any

applicable surcharges covered by this Section and whether Trailblazer is agreeable to negotiate the

applicability of such surcharges as part of the negotiated rates.]

 

2.3 Additional Rates, Charges, and Surcharges: In addition to the Negotiated Monthly/Daily Base

Reservation Rate and the Negotiated Base Commodity Rate, and unless otherwise expressly provided in

this Agreement or agreed to in writing by Trailblazer, Shipper shall also pay Trailblazer all other

applicable maximum rates, charges, surcharges, and penalties of any nature set forth in

Trailblazer's FERC Gas Tariff, as may be revised from time to time, including without limitation

all applicable maximum: (i) Fuel and Gas Lost and Unaccountable For charges; (ii) authorized and

unauthorized overrun charges; (iii) reservation charges and surcharges; (iv) commodity charges and

surcharges; and (v) ACA surcharges.