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.