White River Hub, LLC
Original Volume No. 1
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Effective Date: 11/01/2008, Docket: RP08-645-000, Status: Effective
Original Sheet No. 146 Original Sheet No. 146
GENERAL TERMS AND CONDITIONS
(Continued)
27. NEGOTIATED RATES
27.1 Applicability. Notwithstanding anything to the contrary contained
in this tariff, White River may charge a negotiated rate for service under any
rate schedule contained in this tariff to any Shipper that has access to
service at the rates set forth in the applicable rate schedule as shown on the
effective Statement of Rates (recourse rates), and agrees to pay the
negotiated rate.
27.2 Negotiated Rate. A negotiated rate shall mean a rate for service,
where one or more of the individual rate components exceed the maximum charge,
or are less than the minimum charge, for such components. This shall include
a rate derived by a formula where one or more of the individual rate
components may exceed the maximum charge, or may be less than the minimum
charge.
27.3 Conditions. Implementation of a negotiated rate shall be subject
to the following conditions:
(a) White River may, at its option, require that Shippers making
negotiated-rate bids or negotiated-rate requests for any available capacity
first have an existing executed Part 284 service agreement prior to
implementing negotiated rates. White River and any Shipper with a Part 284
service agreement, except a Shipper using capacity acquired under a capacity-
release arrangement, may mutually agree to convert that service agreement to a
service agreement subject to negotiated rates. If only a portion of the
capacity under any service agreement will be priced at Negotiated Rates, the
original service agreement must first be bifurcated, and recourse rates will
continue to apply to the service agreement not subject to the Negotiated
Rates.
(b) Shipper had access to service pursuant to this FERC Gas
Tariff at the rates set forth on the Statement of Rates at the time of the
execution of the transportation service agreement implementing negotiated
rates.
(c) White River has filed a tariff sheet advising the Commission
of such agreement. The numbered tariff sheet will state the exact legal name
of the Shipper, the negotiated rate, other applicable charges, the receipt and
delivery points, the volume of gas to be transported and the applicable rate
schedule for service provided at a negotiated rate. The tariff sheet will
include a statement affirming that the negotiated-rate agreement does not
deviate in any material aspect from the applicable form of service agreement
or White River will file the agreement pursuant to § 154.112(b) of the
Commission's Regulations.