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. 148 Original Sheet No. 148

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

27.5 Bidding for Firm Capacity. White River and Shipper may negotiate,

and post for competitive bidding, a rate that exceeds the applicable maximum

reservation rate. If competing bids under § 5 of the General Terms and

Conditions reflect different rate forms, i.e., negotiated rates vs. recourse

rates, White River shall award the capacity, or portion, using the evaluation

criteria of § 5 of these General Terms and Conditions; the negotiated

reservation charge reflected in such evaluation criteria may not exceed the

maximum applicable recourse rate. White River will calculate this value based

only on the reservation charge or similar guaranteed revenue stream.

 

27.6 Agreements Subject to the Right of First Refusal. For purposes of

§ 7 of these General Terms and Conditions, the highest rate that a Shipper

must match in order to continue to receive service is the maximum rate set

forth on the Statement of Rates that is applicable to such service. For

purposes of evaluating bids under § 7, the value of the bid will be based only

on the reservation charge or similar guaranteed revenue stream.

 

27.7 Capacity Release. White River and Shipper may, in connection with

their agreement to a negotiated rate under a firm transportation rate

schedule, agree upon payment obligations and crediting mechanisms in the event

that capacity release provisions vary from or are in addition to those set

forth in § 6 of these General Terms and Conditions. This provision, in and of

itself, does not allow White River and Shipper to negotiate the terms and

conditions of service.

 

27.8 Capacity Scheduling. For purposes of allocating capacity under §

11 of these General Terms and Conditions, a Shipper paying a negotiated rate

that exceeds the maximum rate for that service will be considered to have paid

the maximum rate for such service.

 

27.9 Accounting for Costs and Revenues. Allocation of costs to, and

recording of revenues from, service at negotiated rates or rate formulas will

follow White River's normal practices associated with transportation services

provided under this tariff. If White River institutes any revenue tracker or

other device to flow through to its Shippers the impact of interruptible or

other transportation transactions, the treatment of such tracker of revenues

from nonconforming negotiated rates or rate formulas shall be specified in the

applicable tariff provision.