Ngo Transmission, Inc.

Original Volume No. 1

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Effective Date: 11/22/2003, Docket: RP04- 67-000, Status: Effective

Original Sheet No. 109 Original Sheet No. 109 : Effective

 

(d) Transporter will not negotiate terms and conditions of

service under this Section; and

 

(e) No later than the Business Day on which Transporter

commences service at such Negotiated Rate(s) (or if the day

on which Transporter commences service is not a Business

Day, then no later than the next Business Day after

Transporter commences service), Transporter will file a

tariff sheet advising the Commission of such Negotiated

Rate, stating the name of Shipper, the type of service, the

primary receipt and delivery point(s) applicable to the

service, the volume of the gas to be transported and/or

stored, any other charges, and specifying in such service

agreement the rate (or the formula for calculating such

rate) with sufficient specificity such that the rate in

effect from time to time can be readily calculated. Either

the tariff sheet must also incorporate a statement that the

service agreement does not deviate from the form of Service

Agreement in any material respect, or Transporter must file

the contract containing a material deviation.

 

26.2 Capacity Allocation

 

(a) To the extent the revenue level pursuant to the Negotiated

Rate provided for in Section 26.1 above, as calculated under

Subsection (b) of this Section 26.2, exceeds the comparable

revenue at the Recourse Rate, the Shipper bidding or paying

such Negotiated Rate(s) shall be treated, for all capacity

allocation purposes, as if the rate(s) bid or paid had been

equal to the Recourse Rate. Any Shipper, existing or new,

paying the Recourse Rate(s) has the same right to capacity

as a Shipper wiling to pay a higher Negotiated Rate. If the

Negotiated Rate is higher than the corresponding Recourse

Rate, the Recourse Rate rather than the Negotiated Rate will

be used as the price cap for release capacity pursuant to

Section 11 of these General Terms and Conditions and for the

Right of First Refusal pursuant to Section 7 of these

General Terms and Conditions. Where the Negotiated Rate(s)

results in revenue which is greater than the Recourse Rate

during certain portions of the relevant evaluation period

but less than the revenue at the Recourse Rate during other

portions of the relevant evaluation period (but the revenue

pursuant to the Negotiated Rate(s) equals or exceeds that

which would be generated at the Recourse Rate for the entire

evaluation period), the value of bids and requests at the

Negotiated Rate(s) or rate(s) under a Negotiated Rate