Natural Gas Pipeline Company Of America

Seventh Revised Volume No. 1

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Effective Date: 11/09/2009, Docket: RP09-855-002, Status: Effective

Substitute First Revised Sheet No. 622 Substitute First Revised Sheet No. 622

Superseding: Original Sheet No. 622

 

[FOR RATE SCHEDULE LPS]

Contract No. ......

 

NATURAL GAS PIPELINE COMPANY OF AMERICA LLC (NATURAL)

LINE PACK SERVICE (PARK AND LOAN) AGREEMENT .......... DATED ..........

UNDER SUBPART .......... OF PART 284 OF THE FERC'S REGULATIONS

(CON'T)

 

above that agreed level. 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 due to a change in Natural's maximum

rates so that such rate component must be adjusted downward to equal the new applicable maximum

rate, then other rate components may be adjusted upward to achieve the agreed overall rate, so long

as none of the resulting rate components exceed the maximum 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. However, 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. If the parties agree upon a rate other than the applicable maximum rate, such

written Agreement(s) shall specify that the parties mutually agree either: (1) that the agreed

rate is a discount rate; or (2) that the agreed rate is a Negotiated Rate (or Negotiated Rate

Formula). In the event that the parties agree upon a Negotiated Rate or Negotiated Rate Formula,

this Agreement shall be subject to Section 49 of the General Terms and Conditions of Natural's

Tariff.

 

11. Any or all of the following provisions may be included (where applicable) in maximum rate

agreements or in negotiated rate or discount contracts, if any:

 

a. (DISCOUNTED RATE AGREEMENTS ONLY) Applicable Maximum and Minimum Rates. Notwithstanding any

other provision of this Agreement, in no event shall a discounted rate billed by Natural be

less than the applicable minimum rate or more than the applicable maximum rate set forth in

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

 

b. (NEGOTIATED RATE AGREEMENTS ONLY) Maximum and Minimum Tariff Rates. Unless otherwise

expressly provided in this Agreement, the negotiated rates shall apply to service provided by

Natural to Shipper for the term of the Agreement notwithstanding any otherwise applicable

maximum or minimum rates set forth in Natural's FERC Gas Tariff as revised from time to time.

 

c. (DISCOUNTED RATE AGREEMENTS ONLY) Refunds. In no event shall Natural be required to refund to

Shipper any amounts collected for service to which the discounted rate(s) apply, unless the

relevant discounted rate billed to Shipper exceeds the corresponding applicable effective

maximum rates set forth in Natural's FERC Gas Tariff, as approved by the FERC from time to

time.

 

d. (NEGOTIATED RATE AGREEMENTS ONLY) Refunds. In no event shall Natural be required to refund to

Shipper any amounts collected for service to which the negotiated rates apply, notwithstanding

any otherwise applicable maximum or minimum rate set forth in Natural's FERC Gas Tariff, as

may be revised from time to time.

 

e. Notifications. Except as otherwise may be expressly provided herein, any notice or

communication contemplated or required by this Agreement shall be in writing unless oral

notification is expressly authorized herein, and shall be sent to the appropriate party at the

relevant address set forth in this Agreement, as may be revised from time to time.

 

f. Nonwaiver of Rights. No delay or failure to exercise any right or remedy accruing to either

Natural or Shipper upon breach or default by the other will impair any right or remedy or be

construed to be a waiver of any such breach or default, nor will a waiver of any single breach

be deemed a waiver of any other breach or default.

 

g. Succession and Assignment. Any entity which shall succeed by purchase, merger or consolidation

to title to the properties, substantially as an entirety, of Natural or Shipper as the case

may be, shall be entitled to the rights and shall be subject to the obligations of its

predecessor in title under this Agreement. No other assignment of this Agreement nor of any

of the individual rights or obligations hereunder by Shipper shall be effective as to Natural

without the prior express written consent of Natural.