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. 210 First Revised Sheet No. 210

Superseding: Original Sheet No. 210

 

GENERAL TERMS AND CONDITIONS

 

 

18. ADJUSTMENTS, SURCHARGES, NEGOTIATED RATES, IT REVENUE CREDITS (Cont'd.)

 

 

With respect to a Negotiated Rate which exceeds Transporter's

maximum rate for that service, for the purposes of allocation of

capacity pursuant to Sections 4, 14 and 15 of these General

Terms and Conditions, a Shipper paying said Negotiated Rate

would be considered to have paid the maximum rate for such

service.

 

For purposes of Section 15 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 applicable to such

service. For purposes of a release of capacity subject to a

negotiated rate, Section 12.4(b) of these General Terms and

Conditions, which provides that no payments may be made or

accepted at rates in excess of Transporter's applicable maximum

rates, shall be applicable. Transporter shall make any filings

with the Commission necessary to effectuate a Negotiated Rate.

Transporter shall have the right to seek in future general rate

proceedings discount-type adjustments in the design of its rates

related to services subject to Negotiated Rates that were

converted from pre-existing discount services to Negotiated Rate

services. In those situations, Transporter may seek a discount-

type adjustment based upon the greater of: (a) the Negotiated

Rate revenues received or (b) the discounted tariff rate

revenues which otherwise would have been received.

 

Transporter and a Shipper may, in connection with their

agreement to a Negotiated Rate, agree upon payment obligations

and crediting mechanisms in the event of capacity releases that

vary from or are in addition to those set forth in Section 12 of

these General Terms and Conditions. Nothing in the foregoing

provision, however, shall authorize Transporter or a Shipper to

violate the Commission's policy with respect to the negotiation

of terms and conditions of service.