Texas Eastern Transmission, L P

Seventh Revised Volume No. 1

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Effective Date: 03/14/2010, Docket: RP10-375-000, Status: Effective

First Revised Sheet No. 121D First Revised Sheet No. 121D

Superseding: Original Sheet No. 121D

 

STATEMENT OF NEGOTIATED RATES 1/ 2/ 3/

 

Customer Name: Merrill Lynch Commodities, Inc.

 

Service Agreement: 910689

 

Term of Negotiated Rate: The term of this negotiated rate commences on the

Service Commencement Date (as defined in the Precedent Agreement between

Pipeline and Customer) of Contract No. 910689 and continues for the Primary

Term , as applicable (as such term is defined in the Precedent Agreement and

Contract No. 910689).

 

Rate Schedule: FT-1

 

MDQ: 50,000 Dth/d

 

Reservation Rate: Customer shall pay a negotiated reservation rate of $6.54

per Dth, per month ("Negotiated Reservation Rate") of Customer's MDQ under

Contract No. 910689 during the Primary Term thereof.

 

Usage Rate: During the Primary Term, shall be as follows:

 

with respect to service from a Receipt Point in Zone M2 or M3 to a Delivery

Point in Zone M2 or M3, the Usage Rate shall be $0.00/Dth delivered, and

Customer shall also be responsible for and pay the Applicable Shrinkage

Adjustment ("ASA") percentage; provided, the ASA percentage will be capped

for:

 

(i) deliveries in the M2 to M2 path at 2.5% during the "Winter Period,"

which shall mean the period extending from December 1 through March 31

each year, and 2.5% for the "Summer Period," which shall mean the period

extending from April 1 through November 30 each year, and

 

(ii) deliveries in the M2 to M3 path at 4.38% during the Winter Period

and 3.81% for the Summer Period;

 

provided further that Texas Eastern retains the right at any time and

from time to time, with at least thirty (30) days prior notice to

Customer, to revise the ASA charge cap percentages to become effective

concurrently with the effective date of a change to either the effective

ASA percentages for Rate Schedule FT-1 or the methodology for

calculating such percentages (but no change shall result in ASA

percentage caps in excess of an annualized aggregate average percentage,

on a 100% load factor basis, of 4%, for the M2 to M3 path, or 2.5%, for

the M2 to M2 path, as applicable).

 

Primary Receipt Point: Kinder Morgan Rex Clarington, Monroe CO., Ohio, Monroe

CO., OH. Meter No. 73580 (MDRO - 50,000 Dth/d).

 

Primary Delivery Point: Delmont Discharge Custody Transfer Point,

Westmoreland CO., PA, Meter No. 79662 (MDDO - 50,000 Dth/d).

 

Recourse Rate(s): The Recourse Rate(s) applicable to this service is the

applicable maximum rate(s) stated on Texas Eastern's Statement of Rates for

Rate Schedule FT-1 at the applicable time.