Empire Pipeline, Inc.
Original Volume No. 1
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Effective Date: 04/21/2010, Docket: RP10-505-000, Status: Effective
First Revised Sheet No. 53 First Revised Sheet No. 53
Superseding: Original Sheet No. 53
RATE SCHEDULE IT
Interruptible Transportation Service
(Continued)
3. RATES (Cont'd.)
Sheet No. 7. Transporter and Shipper may agree in such amendment
to one or more of the following provisions:
(a) that a specified discounted rate will apply only to specified
quantities under the agreement;
(b) that a specified discounted rate will apply only if specified
quantities are achieved or only with respect to quantities
below a specified level;
(c) that a specified discounted rate will apply only during
specified periods of the year or for a specifically defined
period;
(d) that a specified discounted rate will apply only to specified
points, combinations of points, zones or other defined
geographical area(s);
(e) and/or that a specified discounted rate will apply in a
specified relationship to the quantities actually transported
[i.e., that the commodity charge will be adjusted in a
specified relationship to quantities actually transported];
(f) that a specified discounted rate is based on published index
prices for specific receipt and/or delivery points or other
agreed upon published pricing reference points (such discounted
rate may be based upon the differential between published
prices or arrived at by formula). Any agreement containing
such discounted rate shall specify the rate component(s) to be
discounted. Furthermore, such discount shall not change the
underlying rate design to include any minimum bill or minimum
take provision that has the effect of guaranteeing revenue.
Notwithstanding the foregoing, no discount agreement may provide
that an agreed discount as to a defined quantity level will be
invalidated if the Shipper transports an incremental quantity above
the agreed level. Transporter and Shipper may agree to a discounted
rate provided that the discounted rate is between the applicable
maximum and minimum rates.
A provision entered into pursuant to this provision shall not
constitute a material deviation from the applicable form of service
agreement.