National Fuel Gas Supply Corporation

Fourth Revised Volume No. 1

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Effective Date: 10/25/2009, Docket: RP09-1072-000, Status: Effective

First Revised Sheet No. 487 First Revised Sheet No. 487

Superseding: Original Sheet No. 487

 

GENERAL TERMS AND CONDITIONS

 

 

39. DISCOUNTED AGREEMENTS (Cont'd.)

 

the applicable minimum rate due to a change in Transporter's

maximum (minimum) rates so that such rate component must be

adjusted downward (upward) to equal the new applicable maximum

(minimum) rate, then other rate components may be adjusted upward

(downward) to achieve the agreed overall rate, so long as none of

the resulting rate components exceed the maximum rate or are less

than the minimum rate applicable to that rate component. The

amendment may also provide for an adjustment to rate components to

achieve the over-all revenues attributable to the agreed rates

under the service agreement being amended and other service

agreements under the same or other rate schedules, should changes

in Transporter's maximum or minimum rates increase or decrease the

revenues attributable to such other service agreement, so long as

none of the resulting rate components exceed the maximum rate or

are less than the minimum rate applicable to that rate component.

Such changes to rate components shall be applied prospectively,

commencing with the date a Commission order accepts revised tariff

sheets. Nothing contained herein shall be construed to alter a

refund obligation under applicable law for any period during which

rates that had been charged under a discount agreement exceeded

rates which ultimately are found to be just and reasonable;

 

 

Notwithstanding the foregoing, no discount agreement may provide that an

agreed discount as to a defined quantity level will be invalidated if

the Shipper transports an incremental quantity above the agreed level.

Transporter and Shipper may agree to a discounted rate provided that the

discounted rate is between the applicable maximum and minimum rates.

 

A provision entered into pursuant to this Section 39 shall not

constitute a material deviation from the applicable form of service

agreement.