Southern LNG Inc.

Original Volume No. 1

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Effective Date: 03/01/2010, Docket: RP10-271-000, Status: Effective

First Revised Sheet No. 106B First Revised Sheet No. 106B

Superseding: Original Sheet No. 106B

 

GENERAL TERMS AND CONDITIONS

(Continued)

(b) Applicability

 

Any provision of Southern LNG's effective FERC Gas Tariff to the contrary

notwithstanding, Southern LNG and Customer may mutually agree in writing to rates,

rate components, charges, surcharges, reimbursement mechanisms, or credits for

services that differ from those rates, rate components, charges, surcharges, or

credits that are otherwise prescribed, required, established or imposed by any

applicable provision of Southern LNG's effective FERC Gas Tariff.

 

Exhibit F to the pro forma service agreement of Southern LNG's Tariff contains a pro

forma negotiated rate agreement for service under Rate Schedule LNG-3 with provisions,

whether individually or in any combination, to which COMPANY and a Customer may

mutually agree and conform to the authorization in this Section 25.4 ("Pro Forma

Negotiated Rate Agreement"). The Pro Forma Negotiated Rate Agreement does not, however

obligate COMPANY or any Customer to agree to such provisions contained therein.

COMPANY will agree to these or similar provisions without undue discrimination among

similarly situated Customers.

 

If Southern LNG agrees to such differing rates, rate components, charges, surcharges,

reimbursement mechanism, or credits, then the Negotiated Rate(s) shall be effective

only for the period agreed upon by Southern LNG. During such period, the Negotiated

Rate shall govern and apply to the Customer's service and the otherwise applicable

rate, rate component, charge, surcharge, reimbursement mechanism, or credit, which the

parties have agreed to replace with the Negotiated Rate, shall not apply to, or be

available to, the Customer. At the end of such period, the otherwise applicable

maximum rates or charges shall govern the service provided to Customer unless

otherwise agreed. Only those rates, rate components, charges, surcharges,

reimbursement mechanisms, or credits expressly agreed by Southern LNG and Customer in

writing as being superseded by a Negotiated Rate shall be ineffective during the

period that the Negotiated Rate is effective; all other rates, rate components,

charges, surcharges, reimbursement mechanism, or credits that are or may be

prescribed, required, established or imposed by Southern LNG's Tariff shall remain in

effect or shall become effective with respect to Customer. Southern LNG shall make,

and Customer shall support or not oppose, any filing at the FERC necessary to

effectuate a Negotiated Rate.