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.