Wyoming Interstate Company, Ltd.
Second Revised Volume No. 2
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Effective Date: 04/12/2010, Docket: RP10-491-000, Status: Effective
Sixth Revised Sheet No. 52C Sixth Revised Sheet No. 52C
Superseding: Fifth Revised Sheet No. 52C
GENERAL TERMS AND CONDITIONS
(Continued)
4. REQUESTS FOR SERVICES (Continued)
4.15 Non-Conforming Negotiated Rates (Continued)
(d) (i) Treatment of discounts: A discount adjustment to
recourse rates shall only be allowed to the extent
that Transporter can meet the standards required of an
affiliate discount type adjustment including requiring
that the Transporter shall have the burden of proving
that any discount granted is required to meet
competition.
Transporter shall be required to demonstrate that any
discount type adjustment does not have an adverse
impact on recourse rate shippers.
(A) Demonstrating that, in the absence of
Transporter's entering into such non-conforming
negotiated rate agreement providing for such
discount, Transporter would not have been able
to contract for such capacity at any higher
rate, and that recourse rates would otherwise
be as high or higher than recourse rates which
result after applying the discount adjustment;
or
(B) Making another comparable showing that the
non-conforming negotiated rate discount
contributes more fixed costs to the system than
could have been achieved without the discount.
(ii) Transporter may also seek to include in a
discount-type adjustment non-conforming negotiated
rate agreements that were converted from pre-existing
discounted Part 284 agreements to non-conforming
negotiated rate agreements. Such adjustment would be
based on the greater of: (i) the negotiated rate
revenues received or (ii) the discounted recourse rate
revenues which otherwise would have been received.