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writing as being superseded by a Negotiated Rate shall be ineffective during the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