ANR Storage Company
Original Volume No. 1
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Effective Date: 11/01/2007, Docket: RP08- 16-000, Status: Effective
First Revised Sheet No. 155D First Revised Sheet No. 155D : Effective
Superseding: Original Sheet No. 155D
GENERAL TERMS AND CONDITIONS
(Continued)
17. TYPES OF DISCOUNTS
Under its Rate Schedules Seller is permitted to discount its rates between its
Maximum and Minimum Rates on a basis that is not unduly discriminatory. From
time to time Customer and Seller may agree in writing on a level of discount of
the otherwise applicable rates and charges in addition to a basic discount from
the stated Maximum Rates. For example, Seller may provide a specific
discounted rate:
(i) to certain specified quantities under the Service Agreement,
(ii) if specified quantity levels are actually achieved or with respect to
quantities below a specified level,
(iii) during a specified time period,
(iv) to points of injection, points of withdrawal, or defined geographical
areas, or
(v) in a specified relationship to the quantities actually injected or
withdrawn (i.e., that the rates shall be adjusted in a specified
relationship to quantities actually injected or withdrawn).
In all circumstances the discounted rate shall be between the Maximum Rate and
the Minimum Rate applicable to the service provided.
Such forms of discounts shall not be considered a material deviation from Seller's
pro forma Service Agreement as a result of such discount and Seller shall not be
required to file such Agreement with the Commission as a non-conforming contract
because of such discount. Seller shall, however, file any required reports
related to such discounts pursuant to the Commission's regulations.
In addition, the discount agreement may include a provision that if one rate
component which was at or below the applicable Maximum Rate at the time the
discount agreement was executed subsequently exceeds the applicable Maximum
Rate due to a change in Seller's Maximum Rates so that such rate component must
be adjusted downward to equal the new applicable Maximum Rate, then other rate
components may be adjusted upward to achieve the agreed overall rate, as long
as none of the resulting rate components exceed the Maximum Rate applicable to
that rate component. Such changes to rate components shall be applied revised
Tariff sheet rates. However, 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.