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 Second Revised Sheet No. 645A First Rev Second Revised Sheet No. 645A
Superseding: First Rev First Revised Sheet No. 645A
GENERAL TERMS AND CONDITIONS
(Continued)
29.7 Filing Requirement
Pipeline will file a Statement of Negotiated Rates prior to the commencement of
service under a Negotiated Rate agreement or, for those Negotiated Rate agreements
between Pipeline and a Replacement Customer that incorporate a Negotiated Rate for
usage and/or fuel charges flowed through to the Replacement Customer pursuant to
Section 29.5(B), as soon as reasonably practicable following the execution of such
Negotiated Rate agreement. The Statement of Negotiated Rates will reflect the
customer's exact legal name, rate schedule, Negotiated Rate, the term of the
Negotiated Rate, quantities, points of receipt and delivery to which the Negotiated
Rate applies, the exact formula underlying a Negotiated Rate for any Negotiated Rate
agreement, and any other rate-related terms that apply to the Negotiated Rate. Such
Statement of Negotiated Rates also affirms that actual Negotiated Rate agreements do
not deviate in any material respect from the form of service agreements.
29.8 Documentation
Any Negotiated Rate agreed to by Pipeline and Customer pursuant to this Section 29
shall be implemented by Pipeline's completion of a pro forma Statement of Negotiated
Rates with the applicable Negotiated Rate-related provisions as described in Section
29.7 herein. Pipeline shall tender such pro forma Statement of Negotiated Rates to
Customer together with a transmittal letter for counter-execution by Customer, which
transmittal letter shall have the sole purpose of memorializing Pipeline's and
Customer's mutual agreement to the rate-related provisions reflected on such attached
pro forma Statement of Negotiated Rates. After execution by both Pipeline and
Customer, Pipeline shall file a Statement of Negotiated Rates with the Commission
which shall contain rate-related provisions identical to the rate-related provisions
reflected on the pro forma Statement of Negotiated Rates agreed to by Pipeline and
Customer. Any Negotiated Rate agreed to pursuant to this Section 29 shall become
effective only after acceptance by the Commission; prior to such date the rate
applicable to any such service shall be the maximum Recourse Rate.
29.9 Effect of Negotiated Rate
Customer, by agreeing to a Negotiated Rate, acknowledges that the otherwise generally
applicable maximum Recourse Rate(s) shall not apply or be available to Customer for
service under the applicable Service Agreement during the period for which the
Negotiated Rate is effective, notwithstanding any adjustment to such generally
applicable maximum Recourse Rate(s) which may become effective during the period for
which the Negotiated Rate is effective. If, at any time during the period for which
the Negotiated Rate is effective, Pipeline is collecting its effective maximum
Recourse Rate(s) subject to refund under Section 4 of the Natural Gas Act, Pipeline
shall have no refund obligation to Customer even if the final maximum Recourse Rate(s)
are reduced to a level below the Negotiated Rate. Customer's right to receive credits
relating to Pipeline's penalty revenue or other similar revenue, if any, applicable to
service on Pipeline's system shall be governed by Pipeline's FERC Gas Tariff and any
applicable Commission orders and/or regulations.