Natural Gas Pipeline Company Of America

Seventh Revised Volume No. 1

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Effective Date: 04/18/2008, Docket: RP08-319-000, Status: Effective

Original Sheet No. 33G.02 Original Sheet No. 33G.02 : Pending

 

FOOTNOTE APPLICABLE TO SHEET NO. 33G

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6/ (a) General Negotiated Rate Limitations. The Negotiated Rates shall apply only to: (i) service provided to Shipper by Natural under any given Service

Agreement from the applicable Eligible and DSS Storage Receipt Points to the applicable Eligible Delivery Points during the applicable Negotiated Rate

Term; and (ii) a maximum daily firm transportation quantity equal to the applicable Eligible Firm Transportation and DSS Storage Quantity set forth in

footnote 3 above, for all quantities stored and/or transported on a firm basis under the relevant Service Agreement and any associated capacity release

replacement agreements. For any aggregate quantities stored and/or 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 and DSS Storage Quantity, or (ii) involve any receipt or delivery

points which are not Eligible Receipt or Delivery Points under the relevant Service Agreement, Shipper shall pay Natural base reservation and commodity

rates which are equal to the greater of: (a) the 100% load factor equivalent of the relevant Negotiated Fixed Monthly Base Reservation Rate and

Negotiated Fixed Base Commodity Rate; and (b) the 100% load factor equivalent of the applicable maximum base reservation and commodity rates set forth in

Natural's Gas Tariff, as may be revised from time to time.

 

(b) Discountable Third Party Surcharges. From time to time, certain reservation and/or commodity surcharges may be approved by the FERC for inclusion in

Natural's FERC Gas Tariff which Natural 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 Natural's FERC Gas Tariff ("Discountable Third Party Surcharges").

Natural shall discount any particular Discountable Third Party Surcharge to the maximum extent permitted under the provisions of Natural's FERC Gas

Tariff. Shipper shall only be responsible for payment to Natural of any portion of such Discountable Third Party Surcharge which Natural is not permitted

to discount and for which Natural bills Shipper.

 

(c) Applicable Maximum Rates, Charges and Surcharges. Unless otherwise expressly provided herein or agreed to in writing by Natural, in addition to the

Negotiated Rates, Shipper shall pay Natural all applicable maximum rates, charges, surcharges and penalties of any nature set forth in Natural's FERC Gas

Tariff, as may be revised from time to time, for service provided to Shipper under the Service Agreement, including without limitation all applicable:

(i) Fuel charges (including a Storage Fuel Charge and/or a Transportation Fuel Charge comprised of a Fuel Gas Charge and a Gas Lost and Unaccounted For

Charge; (ii) authorized and unauthorized overrun charges and/or inventory cycling charges; (iii) sourcing charges; (iv) balancing service charges; (v)

reservation surcharges; (vi) commodity rates, charges and surcharges; (vii) ACA surcharges; and (viii) gathering charges, offshore charges and lateral

line charges. Notwithstanding the foregoing sentence, to the extent that any such additional maximum rate, charge, surcharge or penalty is derived from

the Negotiated Fixed Monthly Base Reservation Rate and/or the Negotiated Fixed Monthly Base Commodity Rate applicable to service provided under the

relevant Service Agreement, then Natural shall derive such additional rate, charge, surcharge, or penalty utilizing the greater of: (a) the maximum base

reservation rate or maximum base commodity rate set forth in Natural's FERC Gas Tariff, as revised from time to time, which is applicable to the relevant

Service Agreement, and (b) the applicable Negotiated Fixed Monthly Base Reservation Rate or Negotiated Fixed Monthly Base Commodity Rate which is

applicable to the relevant Service Agreement.

 

7/ Eligible Receipt Points.

 

(a) Shipper's initial eligible primary receipt points and respective initial associated point MDQs shall be as set forth below in Footnote 9 (for each

Transportation Agreement, the applicable "Eligible Primary Receipt Points"). The Negotiated Rates shall only apply to service provided under each of the

Transportation Agreements from the applicable Eligible Primary Receipt Points, subject to the respective associated primary receipt point MDQ limitations

(the "Eligible Receipt Point MDQs"), and from the secondary receipt points permitted under (b) below (the "Eligible Secondary Receipt Points"), with such

eligible primary and secondary receipt points collectively referred to as the "Eligible Receipt Points".