Quest Pipelines (Kpc)
Second Revised Volume No. 1
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Effective Date: 02/01/2008, Docket: RP08-174-000, Status: Effective
Original Sheet No. 135 Original Sheet No. 135 : Effective
GENERAL TERMS AND CONDITIONS (Continued)
(e) At all receipt and delivery points, unconfirmed nominations will be
scheduled at the lesser volume of the new nomination or the previously
scheduled volume.
8.8 Discounting Policy: (a) In the event that KPC agrees to discount its rate to
Shipper below KPC's maximum rate under KPC's Rate Schedules, the following discount
terms may be reflected on the applicable Service Agreements and will apply without
the discount constituting a material deviation from KPC's applicable pro forma
Service Agreements; provided, however, that any such discounted rates set forth
below shall be between the minimum and maximum rates applicable to the service
provided under the applicable Rate Schedule. KPC and Shipper may agree that a
specified discounted rate will apply under the following conditions:
(i) to specified quantities under Shipper's Service Agreement(s);
(ii) to specified quantities above or below a certain level or all quantities if
quantities exceed a certain level;
(iii) in a specified relationship to quantities actually transported (i.e., that
the Reservation Charge will be adjusted in a specified relationship to
quantities actually transported);
(iv) to specified quantities during specified periods of time or during
specified periods of the year;
(v) to specified quantities at specific Point(s) of Receipt or Point(s) of
Delivery or other geographical locations;
(vi) to production reserves committed or dedicated by Shipper; and/or
(vii) that a specific discounted rate is based on published index prices for
specific Point(s) of Receipt and/or Point(s) of Delivery or other agreed-
upon published pricing reference points (such discounted rate may be based
upon the differential between published prices or arrived at by formula).
Any agreement containing such discounted rate shall specify the rate
component(s) to be discounted (i.e., Reservation Charge or Commodity Charge
or both), and any formula will provide a reservation rate per unit of
contract demand (Maximum Daily Contract Quantity). To the extent the firm
Reservation Charge is discounted, the index price differential rate formula
shall be calculated to state a rate per Dth. Furthermore, such discount
shall not change the underlying rate design of the service being provided
or include any minimum bill or maximum take provision that would have the
effect of guaranteeing revenue.
In addition, the discount agreement may include a provision that if one
rate component which was at or below the applicable maximum rate at the
time the discount agreement was executed subsequently exceeds the
applicable maximum rate or is less than the applicable minimum rate due to
a change in KPC's maximum (minimum) rates so that such rate component must
be adjusted downward (upward) to equal the new applicable maximum (minimum)
rate, the other rate components may be adjusted upward (downward) to
achieve the agreed overall rate, so long as none of the resulting rate
components exceed the maximum rate or are less than the minimum rate
applicable to that rate component. Such changes to rate components shall
be applied prospectively, commencing with the date a Commission order
accepts revised tariff sheets. Nothing contained herein shall be construed
to alter a refund obligation under applicable law for any period during
which rates which had been charged under a discount agreement exceeded
rates which ultimately are found to be just and reasonable.
(b) To the extent that KPC elects to provide service pursuant to this FERC Gas
Tariff at a discounted rate, transportation rate components shall be
discounted in the following order:
(i) The Reservation Charge component, if applicable, shall be the first
component discounted and shall be the only component discounted until such
component has been reduced to the level established as the Minimum Rate for
the applicable Rate Schedule, but in no case shall KPC discount to a level
which would allow the Reservation Charge component to equate to less than a
Minimum Rate specified by KPC for the applicable Rate Schedule.