Texas Eastern Transmission, L P
Seventh Revised Volume No. 1
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Effective Date: 03/14/2010, Docket: RP10-637-000, Status: Effective
First Rev Eighth Revised Sheet No. 645 First Rev Eighth Revised Sheet No. 645
Superseding: First Rev Seventh Revised Sheet No. 645
GENERAL TERMS AND CONDITIONS
(Continued)
29. NEGOTIATED RATES
Pipeline and Customer may mutually agree on a Negotiated Rate or rate formula with respect to
rates, rate components, charges, or credits differing from the otherwise applicable Recourse
Rate under Rate Schedules CDS, FT-1, MLS-1, SCT, VKFT, LLFT, IT-1, VKIT, LLIT, PAL, SS-1,
ISS-1, and/or FSS-1.
29.1 Definition
A Negotiated Rate may be less than, equal to, or greater than the maximum Recourse
Rate and/or the minimum rate; may be a rate design other than straight fixed-variable;
and may include a minimum quantity. The Recourse Rates will be available to any
Customer that does not wish to negotiate a rate.
29.2 Limitations
This Section 29 does not authorize the negotiation of terms and conditions of service.
29.3 Allocation of Capacity
Under any circumstances where allocation of capacity is determined by the rate being
paid, a Negotiated Rate Customer paying a rate higher than the maximum Recourse Rate
will be deemed to be paying a rate equal to such maximum Recourse Rate.
29.4 Bidding for Capacity
The cap for bidding for capacity under the right of first refusal provisions in
Section 3.13 of the General Terms and Conditions of this FERC Gas Tariff is the
maximum Recourse Rate.
29.5 Capacity Release
(A) Except as expressly provided for in Section 3.14 of the General Terms and
Conditions, the release of capacity under a Negotiated Rate agreement is capped
at the maximum Recourse Rate; provided, however, the Negotiated Rate Customer
will continue to be obligated to pay Pipeline the difference by which the
Negotiated Rate exceeds the rate paid by the Replacement Customer. Pipeline and a
Negotiated Rate Customer may agree upon payment obligations and crediting
mechanisms, which vary from or are different from those set forth in Pipeline's
capacity release provisions.
(B) To the extent that Pipeline agrees to a Negotiated Rate applicable to usage
and/or fuel charges, Pipeline will consider, if requested by the Negotiated Rate
Customer, and may agree with the Negotiated Rate Customer, on a not unduly
discriminatory basis, to the terms and conditions pursuant to which Pipeline will
offer such Negotiated Rate(s) to Replacement Customer(s). This agreement to flow
through the Negotiated Rates for usage and/or fuel charges to a Replacement
Customer will be documented as set forth in Section 29.8 below. A Replacement
Customer to whom such offer is made may elect to pay the usage and/or fuel
charges pursuant to Pipeline's Recourse Rates or pursuant to the offered
Negotiated Rate.
29.6 Accounting Treatment
Pipeline will establish a new sub-account to record the revenues received from any
Negotiated Rate transactions and shall maintain supporting information at a level of
detail that would be sufficient for Natural Gas Act Section 4 rate change filing
purposes. Pipeline will keep separate and identifiable each volume transported,
billing determinant, rate component, surcharge, and revenue associated with a
Negotiated Rate to permit filings in the form of Statements G, I, and J in future rate
proceedings.