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. 9D First Revised Sheet No. 9D

Superseding: Sub Original Sheet No. 9D

 

STATEMENT OF NEGOTIATED RATES

 

(b) The references to "2008 dollars" in footnote 2(a) are included only as

points of reference and are not included to suggest that the dollar

amounts reflected in footnote 2(a) are to be adjusted to reflect year

of construction or the actual Service Commencement Date or for any

other purpose. To be clear, the Parties intend that the capital cost

rate adjustments contemplated in footnote 2(a) will be based on the

difference between the actual dollars spent as estimated in the Cost

Report or the Final Cost Report, as applicable, and $300 million.

 

3/True Up

 

(a)(i) Pipeline shall charge and Customer shall pay Pipeline for service

under the Service Agreement the applicable rates established in

footnote 1 of this Agreement, without the adjustment(s) required by

footnote 2 of this Agreement, for the period extending from the

Service Commencement Date until the first Day of the first full

calendar month following the date on which Pipeline files the Cost

Report with FERC.

 

(ii) For service under the Service Agreement from the first Day of the

first full calendar month following the date on which Pipeline

files the Cost Report with FERC until the first Day of the first

full calendar month following the date on which Pipeline files the

Final Cost Report with FERC, Pipeline shall charge and Customer

shall pay Pipeline for such service the applicable rates

established in footnote 1 of this Agreement, as adjusted by

footnote 2(a)(i) of this Agreement.

 

(iii) For service under the Service Agreement from the first Day of the

first full calendar month following the date on which Pipeline

files the Final Cost Report with FERC until the end of the term of

this Agreement, Pipeline shall charge and Customer shall pay

Pipeline for such service the applicable rates established in

footnote 1 of this Agreement, as adjusted by footnote 2(a)(ii) of

this Agreement.

 

(b) Any difference between the amount of Reservation Charges that Customer

paid Pipeline for service under the Service Agreement during the

periods described in footnotes 3(a)(i) and 3(a)(ii) above and the

amount of Reservation Charges that Customer would have been required

to pay if the rates established in footnote 1 of this Agreement had

been adjusted in accordance with footnote 2(a)(ii) of this Agreement

as of the Service Commencement Date shall be reconciled by a lump sum

payment, or credit, as applicable, as part of the first invoice cycle

after such adjustment becomes effective. The monthly amounts

reconciled into the lump sum payment or credit shall be adjusted to

reflect interest from the date on which the original payment related

to each reconciled amount was originally paid to Pipeline until the

date on which the lump sum payment or credit is due. If Customer owes

an amount to Pipeline under this footnote 3(b), such amount shall be

due at the same time as all other amounts are due under the applicable

invoice. If Pipeline owes an amount to Customer under this footnote

3(b), such credit shall become effective as of the date of the first

invoice after the footnote 2(a)(ii) adjustment. If the credit amount

is greater than the amount that Customer owes to Pipeline under such

invoice, then Pipeline shall promptly pay Customer such difference.

For purposes of the interest calculations contemplated under this

footnote 3(b) the amount of interest shall be computed at the same

rate of interest and in the same manner as prescribed for pipeline

refunds as set forth in Section 154.501(d) of the FERC's regulations.