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. 209 First Revised Sheet No. 209
Superseding: Original Sheet No. 209
GENERAL TERMS AND CONDITIONS
18. ADJUSTMENTS, SURCHARGES, NEGOTIATED RATES, IT REVENUE CREDITS
18.1 Adjustments and Surcharges
Transporter and Shipper recognize that Transporter shall, from
time to time, experience changes in costs related to providing
service under this FERC Gas Tariff, including, but not limited
to, changes in the cost of labor, benefits, materials and
supplies, taxes, and required rate of return, costs associated
with the resolution of past disputes or outstanding
uncertainties concerning amounts owed by Transporter or
attributable to Transporter, and costs generated by decisions by
the Commission, the courts, or by an arbitration panel or other
body having jurisdiction over Transporter. It may be
appropriate, equitable, and consistent with cost responsibility
to allocate such costs among Shippers based on taking into
account past period factors, such as contract demand levels,
purchases, or other factors related to a prior period of time.
Shipper agrees that Transporter shall have the right, from time
to time, to make rate change filings based in whole or in part
on factors related to past periods. Shipper shall have the
right to intervene and protest any such filings.
18.2 Negotiated Rates
Notwithstanding anything to the contrary contained in this
tariff, Transporter 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 and agrees to pay such 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 definition shall include a formula rate where
one or more of the individual rate components may exceed the
maximum charge, or may be less than the minimum charge, for such
components in some months but not in others.