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.