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. 9E First Revised Sheet No. 9E
Superseding: Sub Original Sheet No. 9E
STATEMENT OF NEGOTIATED RATES
4/Future Recourse Rates
(a) Customer acknowledges and agrees that it is bound by and subject to
the Stipulation and Agreement approved by the FERC in Docket No. RP04-
360, et al. ("S&A") to the same extent that its affiliate, Repsol LNG,
S.L., is bound by and subject to the S&A.
(b) Notwithstanding anything to the contrary in this Agreement, (i)
neither Party shall make a filing with the FERC or any other
governmental authority or take any position in any proceeding before
the FERC or any other governmental authority that attempts to negate
or alter, or is otherwise inconsistent with, any provisions of this
Agreement, and (ii) if a Party makes a filing or takes a position in
any proceeding in contravention of clause (i) of this footnote 4(b),
the other Party shall have all rights to oppose, protest or otherwise
challenge such filing or position.
(c) Notwithstanding anything to the contrary in this Agreement, except
with respect to (i) the cost deferral provisions related to Pipeline's
Phase III project contained in the rate case settlement filed on June
28, 2005, in FERC Docket No. RP04-360 and (ii) any cost deferrals
approved by the FERC prior to the date of this Agreement, in the event
that Pipeline proposes in any future proceeding before the FERC to
defer recovery of any costs for ratemaking purposes, Customer reserves
all rights to oppose, protest or otherwise challenge such proposal.
5/Applicability of Negotiated Rates: Notwithstanding anything to the
contrary in this Agreement, the rates set forth in footnote 1 of this
Agreement (as adjusted by footnote 2 hereof) are "Negotiated Rates" and
will apply only to deliveries under the Service Agreement at the Primary
Point(s) of Delivery specified in the Service Agreement from and after the
Service Commencement Date, and to other delivery points utilized on a
secondary basis. In the event that Customer changes any of the Primary
Point(s) of Delivery specified under the Service Agreement, then, unless
Pipeline and Customer mutually agree in writing otherwise, this Agreement
shall terminate effective immediately and the rates applicable after this
Agreement terminates shall be Pipeline's applicable maximum recourse rates
in effect pursuant to Pipeline's Tariff. In the event that Customer
releases its firm transportation rights (other than through permanent
release in accordance with Section 9.6(b)(3) of the GT&C) under the
Service Agreement after the Service Commencement Date, Customer shall
continue to be obligated to pay Pipeline for the difference, if any, by
which the Negotiated Rate (and all other applicable rates contemplated in
footnotes 1 and 2 above) exceeds the release rate, provided that Customer
shall be entitled to retain the difference, if any, by which the release
rate exceeds the Negotiated Rate.