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. 9F First Revised Sheet No. 9F

Superseding: Sub Original Sheet No. 9F

 

STATEMENT OF NEGOTIATED RATES

 

6/Effect of Negotiated Rates: Pursuant to the GT&C of Pipeline's Tariff,

the Negotiated Rates set forth herein shall collectively constitute a

"negotiated rate." The Parties, by execution of this Agreement, agree

that the otherwise generally applicable maximum recourse rate(s) in effect

pursuant to Pipeline's Tariff shall not apply to or be available to

Customer for service under the Service Agreement during the term of this

Agreement, notwithstanding any adjustments to such generally applicable

maximum recourse rate(s) which may become effective during the term of

this Agreement.

 

7/Refund Obligations: If, at any time and from time to time during the term

of this Agreement, Pipeline is collecting its effective maximum recourse

rates subject to refund under Section 4 of the NGA, Pipeline shall have no

refund obligation to Customer even if the final maximum recourse rates are

reduced to a level below the Negotiated Rates set forth herein.

Customer's right to receive credits relating to Pipeline's penalty revenue

or other similar revenue, if any, applicable to transportation service on

Pipeline's system shall be governed by Pipeline's Tariff and any

applicable FERC orders and/or regulations.

 

8/Pipeline's Tariff: The Parties acknowledge and agree that all terms and

conditions of Pipeline's Tariff, as effective from time to time, including

provisions for filing of changes in Pipeline's Tariff, are applicable to

this Agreement. In the event of a conflict between this Agreement and

Pipeline's Tariff, Pipeline's Tariff shall control.

 

9/Term: These Negotiated Rates shall become effective upon the later of

November 1, 2008, or the Service Commencement Date as defined in the

Precedent Agreement executed by both Parties and, subject to footnote 10

of this Agreement, shall remain in effect until the end of the last Day of

the fifteenth (15th) year following the Service Commencement Date, at

which time, unless the Parties mutually agree on an alternative rate, the

applicable rate for service under the Service Agreement shall be the

maximum recourse rates, Fuel Retainage Percentage and all other applicable

charges and surcharges set forth in the Tariff, as modified from time to

time.

 

10/Regulatory Approval: Pipeline shall make a filing with the FERC for

approval to implement the Negotiated Rates set forth herein pursuant to

the NGA, the FERC's regulations promulgated under the NGA, and the FERC's

Statement of Policy Alternatives to Traditional Cost of Service Ratemaking

for Natural Gas Pipelines and Regulation of Negotiated Transportation

Service of Natural Gas Pipelines issued January 31, 1996, in Docket Nos.

RM95-6-000 and RM96-7-000. This Agreement and the Negotiated Rates set

forth herein shall not apply to service under the Service Agreement unless

and until the FERC approves such filing without condition and/or

modification unacceptable to either Customer or Pipeline. If, during the

term of this Agreement, the FERC issues an order disallowing, modifying or

conditioning approval of any material provisions of this Agreement, then

upon written notification of either Party to the other Party within thirty

(30) days of such order, the Parties shall negotiate in good faith for

sixty (60) days following such notification, in an effort to mutually

agree upon a new negotiated or discounted rate agreement that will govern

the rate for service under the Service Agreement during the remaining term

of this Agreement or any other mutually agreeable period of time and that

will maintain the relative economic positions of the Parties as reflected

in this Agreement at the time of execution. In the event that the Parties

are unable, notwithstanding their respective good faith efforts, to reach

such an agreement