Maritimes & Northeast Pipeline, L.L.C.
First Revised Volume No. 1
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Effective Date: 01/17/2010, Docket: RP10-244-000, Status: Effective
First Revised Sheet No. 9C First Revised Sheet No. 9C
Superseding: Sub Original Sheet No. 9C
STATEMENT OF NEGOTIATED RATES
(ii) Promptly upon the earlier of (aa) the date on which Pipeline makes
a final determination of the actual Capital Costs of the Project or
(bb) the last day of the eighteenth (18th) month following the
Service Commencement Date, Pipeline shall file a second Cost Report
with the Commission that reflects such final actual costs for the
Project (and, if necessary, any costs estimated to be incurred for
final completion of the Project) and adheres to the form of Cost
Report required by Section 157.20(c)(3) of the Commission's
regulations ("Final Cost Report"). In a transmittal letter
accompanying the filing of such Final Cost Report, Pipeline shall
describe the Final Cost Report as superseding and replacing the
first Cost Report for the Project. The monthly Reservation Charge
in footnote 1 above shall be adjusted for a second time, pursuant
to the formula set forth above in footnote 2(a)(i), solely to
reflect any difference between the estimated $300 million amount
and the amount of Capital Costs attributable to the Project
facilities reflected in such Final Cost Report. For the sake of
clarity, such second adjustment to the Reservation Charge shall be
inclusive of, and not in addition to, the adjustment set forth
above in footnote 2(a)(i). The Parties acknowledge that Section
157.20(c)(3) does not contemplate the filing of a second Cost
Report, and any rejection by FERC of the filing of the Final Cost
Report shall have no effect on the Parties' agreement to make the
adjustment to the Reservation Charge contemplated in this footnote
2(a)(ii). Nothing in this Agreement shall limit Customer's right
to challenge or contest the Capital Costs as reflected in the Final
Cost Report.