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. 9I Original Sheet No. 9I
STATEMENT OF NEGOTIATED RATES
million amount), the resulting adjustment to the monthly Reservation Charge would be
a reduction of $0.1521 per Dth of MDTQ (equivalent to $0.005 per Dth per Day) or an
increase of $0.4563 per Dth of MDTQ (equivalent to $0.015 per Dth per Day),
respectively. For purposes of this Agreement, the term "Capital Costs" means the
total capital costs incurred by Pipeline for the development and construction of the
Project, including, without limitation, the allowance for funds used during
construction, as such costs are reflected in the Cost Report, including all costs
incurred to the date of the Cost Report and estimated to be incurred for final
completion of the Project.
(ii) Promptly upon the earlier of (aa) the date on which Pipeline makes a final
determination of the actual Capital Costs of the Project or (bb) the last day of the
eighteenth (18th) month following the Service Commencement Date, Pipeline shall file
a second Cost Report with the Commission that reflects such final actual costs for
the Project (and, if necessary, any costs estimated to be incurred for final
completion of the Project) and adheres to the form of Cost Report required by Section
157.20(c)(3) of the Commission's regulations ("Final Cost Report"). In a transmittal
letter accompanying the filing of such Final Cost Report, Pipeline shall describe the
Final Cost Report as superseding and replacing the first Cost Report for the Project.
The monthly Reservation Charge in footnote 1 above shall be adjusted for a second
time, pursuant to the formula set forth above in 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 in such Final Cost Report.
For the sake of clarity, such second adjustment to the Reservation Charge shall be
inclusive of, and not in addition to, the adjustment set forth above in footnote
2(a)(i). The Parties acknowledge that Section 157.20(c)(3) does not contemplate the
filing of a second Cost Report, and any rejection by FERC of the filing of the Final
Cost Report shall have no effect on the Parties' agreement to make the adjustment to
the Reservation Charge contemplated in this footnote 2(a)(ii).
(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.