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.