Southern LNG Inc.
Original Volume No. 1
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Effective Date: 11/19/2007, Docket: RP08- 25-000, Status: Effective
Original Sheet No. 106A Original Sheet No. 106A : Effective
GENERAL TERMS AND CONDITIONS
(Continued)
25.4 Negotiated Rates, Charges, and Surcharges
(a) Authority
(i) Anything to the contrary provided in Southern LNG's FERC Gas Tariff
notwithstanding, Southern LNG and Customer may negotiate a rate for any
service under any rate schedule (Negotiated Rate). Said Negotiated Rate
or Negotiated Rate formula shall be set forth on Exhibit F (LNG-1) or
Exhibit B (LNG-2) to the applicable Service Agreement executed by
Southern LNG and Customer. At the commencement of service pursuant to
any Negotiated Rate or Negotiated Rate formula or prior to such
commencement, Southern LNG shall file with the Commission either the
contract or a revised rate sheet setting forth the name of Customer,
the contract number, contract date and the Negotiated Rate or
Negotiated Rate formula applicable to such agreement. The maximum rate
set forth in Southern LNG's rate schedules applicable to the service to
which the Negotiated Rate applies (Recourse Rate) shall be available
for any Customer that does not execute a negotiated rate with Southern
LNG.
(ii)Negotiated Rate shall mean a rate for transportation service agreed
upon by Southern LNG and Customer. Such Negotiated Rate may be greater
than or less than the maximum charges stated in Southern LNG's rate
schedule for that service.
(iii)For purposes of allocation of capacity pursuant to Section 16 of the
General Terms and Conditions, Customers paying a Negotiated Rate
which, when calculated on a 100% load factor basis, exceeds Southern
LNG's maximum rate for that service, would be deemed to have paid the
maximum Recourse Rate.
(iv)In the event that a Customer desires to exercise its right of first
refusal to continue service beyond the expiration date of its firm
service agreement pursuant to Section 15 of the General Terms and
Conditions, the highest rate that a Customer must match is the maximum
rate applicable to such service as set forth in Southern LNG's rate
schedule for such service.