Maritimes & Northeast Pipeline, L.L.C.
First Revised Volume No. 1
Contents / Previous / Next / Main Tariff Index
Effective Date: 01/07/2008, Docket: RP08-113-000, Status: Effective
Second Revised Sheet No. 305B Second Revised Sheet No. 305B : Effective
Superseding: First Revised Sheet No. 305B
GENERAL TERMS AND CONDITIONS
(continued)
27. DISCOUNT TERMS (continued)
27.5 The terms of any discount request granted by Pipeline pursuant
to this Section 27 shall be transmitted by e-mail to Customer
in the form of a Discount Confirmation. The Discount
Confirmation shall identify the applicable Customer's name,
contract number, rate schedule, term of the discount, discount
rate, applicable quantities, point(s) of receipt and delivery,
and/or the pipeline path being discounted. The Discount
Confirmation may also include other information required for
posting under the Commission's regulations and other
conditions consistent with Section 27.3. No particular
discount transaction shall be contractually binding on either
Pipeline or Customer until Pipeline has confirmed the terms of
the discount upon Pipeline's e-mail to Customer of the
Discount Confirmation for the transaction, subject to the
underlying Service Agreement being fully executed. All
discounts granted shall be effective no sooner than the
beginning of the next Gas Day following the Gas Day on which
the request is granted by Pipeline. Once the discount is
contractually binding, the Discount Confirmation will
constitute an addendum to the underlying Service Agreement.
Each such addendum is an integral part of the underlying
Service Agreement as if executed by both parties and fully
copied and set forth at length therein.
27.6 If Pipeline's recourse rates are subject to refund at any time
during the effectiveness of a Discount Confirmation, with
respect to the applicable discounted rate, Customer shall be
entitled to refunds of payments made by Customer only in the
event that the final, non-appealable maximum recourse rate,
whether usage-based or reservation-based, as determined by the
Commission for a given time period is lower than the rate
actually paid by Customer during such time period. Subject to
the condition precedent set forth in the immediately preceding
sentence, Customer's principal refund amount shall be equal to
(i) with respect to usage-based rates, the product of (aa) the
positive difference between the final, non-appealable maximum
recourse rate and the discounted rate, and (bb) the quantities
of gas delivered to Customer, or for Customer's account,
during the refund period; and (ii) with respect to
reservation-based rates, the product of (cc) the positive
difference between the final, non-appealable maximum recourse
rate and the discounted rate, (dd) the MDTQ covered by the
discounted rate, and (ee) the number of Months in the refund
period (partial Months shall be prorated for the number of
Days in the Month that fall within the refund period and a
discounted rate that is not a Monthly rate shall be adjusted
for purposes of this calculation to reflect the Monthly
equivalent of the rate).