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.