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.