Maritimes & Northeast Pipeline, L.L.C.

First Revised Volume No. 1

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Effective Date: 03/01/2009, Docket: RP09-418-000, Status: Effective

Original Sheet No. 9H Original Sheet No. 9H

 

STATEMENT OF NEGOTIATED RATES

 

Customer Name: Mosbacher Operating Ltd. 4/ 8/ 9/ 10/

 

Contract Number: 8006R2

 

Rate Schedule: MN365

 

Reservation Rate: $16.1208 1/ 2/ 3/ 5/ 6/

 

Usage Rate: $0.0000 1/ 5/ 6/ 7/

 

Term of Negotiated Rate: These Negotiated Rates shall become effective on March 1, 2009

("Service Commencement Date"), and shall remain in effect until the earlier of (i) the end of

the Day on which the firm service agreement (8006R2) ("Service Agreement") terminates in

accordance with its terms, and (ii) 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.

 

Quantity: 1,350 Dth/d 1/

 

Primary Receipt Point: Meter 30012 - Baileyville Border

 

Primary Delivery Point: 11/

 

 

1/ Negotiated Rates: For purposes of this negotiated rate agreement, the word "Agreement"

refers to the negotiated rate agreement between Pipeline and Customer as set forth herein.

During the period commencing on the Service Commencement Date and extending until the end of

the term of this Agreement and subject to all terms, conditions and limitations set forth in

this Agreement including but not limited to footnote 2 of this Agreement, for service under

the Service Agreement, Pipeline shall charge Customer and Customer shall pay Pipeline the

following rates:

 

(a) a monthly Reservation Charge per Dth of MDTQ equal to $16.1208 (equivalent to $0.5300 per

Dth per Day), as adjusted in accordance with footnote 2 below;

 

(b) a Usage Charge within Tolerances of $0.00 per Dth delivered; and

 

(c) Pipeline's Fuel Retainage Percentage (and any charge by Pipeline that has been approved

by FERC for the recovery of electric power costs associated with any electric compressor

units installed on Pipeline's system) and any and all surcharges applicable to Rate

Schedule MN365 in effect from time to time pursuant to Pipeline's Tariff; provided that,

with respect to surcharges, Customer shall only be required to pay those surcharges that

the FERC has required Pipeline to assess and that Pipeline is not permitted to discount.

 

2/ Reservation Charge Adjustment

 

(a) (i) Pipeline and Customer acknowledge that the Capital Costs attributable to the Phase IV

Project facilities (as such facilities are more fully defined in FERC Docket No.

CP06-335) ("Project"), which underlie the Reservation Charge set forth in footnote 1

above, are reasonably estimated to be $300 million (2008 dollars). The monthly

Reservation Charge in footnote 1 above shall be adjusted, pursuant to the formula set

forth in this footnote 2(a)(i), solely to reflect any difference between the

estimated $300 million amount and the amount of Capital Costs attributable to the

Project facilities reflected by Pipeline in Pipeline's post-construction cost report

filed with the FERC for the Project facilities pursuant to Section 157.20(c)(3) of

the FERC's regulations ("Cost Report"). Such monthly Reservation Charge shall be

adjusted by an amount per Dth of MDTQ equal to $0.3042 (equivalent to $0.01 per Dth

per Day) for each $17 million (2008 dollars) increment of Capital Costs (as reflected

in the Cost Report) above or below the estimated $300 million amount. To be clear

and for illustrative purposes, if the Capital Costs reflected in the Cost Report are

$291.5 million (an $8.5 million decrease compared to the estimated $300 million

amount) or $325.5 million (a $25.5 million increase compared to the estimated $300