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. 533 Original Sheet No. 533 : Pending
GENERAL TERMS AND CONDITIONS
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49. NEGOTIATED RATES
49.1 PRECONDITIONS TO NEGOTIATED RATES
Rates to be charged by Natural for service to any Shipper under
Rate Schedule FTS, FFTS, FTS-G, ITS, IBS, BESS, DSS, NSS, FRSS, PALS
or LPS may deviate in either form or level or both from the
applicable maximum and/or minimum rate level in this Tariff, subject
to the following provisions:
(a) Natural and Shipper have executed a valid Agreement
containing therein or in a related agreement a specific mutual
understanding that Negotiated Rate(s) or a Negotiated Rate Formula
will apply to service for that Shipper;
(b) At the time of execution of the Agreement (or the
amendment to an Agreement), which first provides for the
applicability to Shipper of the Negotiated Rate(s) or Negotiated
Rate Formula, service was available pursuant to the terms and
conditions (not modified by this Section 49) of Rate Schedule FTS,
FFTS, FTS-G, ITS, IBS, BESS, DSS, NSS, FRSS, PALS OR LPS of this
Tariff, as applicable;
(c) Natural may only offer or accept offers for service under
this Section 49 if and to the extent service is available at the
Recourse Rate;
(d) Natural will not negotiate terms and conditions of
service under this Section 49; and
(e) No later than the Business Day on which Natural commences
service at such Negotiated Rate(s) or Negotiated Rate Formula (or if
the day on which Natural commences service is not a Business Day,
then no later than the next Business Day after Natural commences
service), Natural will file a tariff sheet advising the Commission
of such Negotiated Rate or Negotiated Rate Formula, stating the name
of Shipper, the type of service, the primary Receipt and Delivery
Point(s) applicable to the service, the volume of the gas to be
transported, any other charges, and specifying either: (i) the
specific Negotiated Rate included in such Agreement; or (ii) the
Negotiated Rate Formula included in such Agreement with sufficient
specificity such that the rate in effect from time to time can be
readily calculated. Either the tariff sheet must also incorporate a
statement that the Agreement does not deviate from the form of
Service Agreement in any material respect, or Natural must file the
contract containing a material deviation.