Empire Pipeline, Inc.

Original Volume No. 1

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Effective Date: 12/10/2008, Docket: CP06-5-010, Status: Effective

Original Sheet No. 215 Original Sheet No. 215

 

GENERAL TERMS AND CONDITIONS

 

 

21. RECOVERY OF DEFERRED STATE INCOME TAXES (Cont'd.)

 

 

21.2 Initially, Transporter's DSITB shall equal the amount deferred

by Empire State Pipeline in accordance with the New York State

Public Service Commission's Order Implementing Tax Law Changes

on a Permanent Basis, issued and effective June 28, 2001 in

Case No. 00-M-1556, as of the effective date of this tariff.

Transporter's DSITB shall be adjusted thereafter as follows:

 

As Transporter invoices amounts to a shipper for a service

subject to the initial base rate components set forth above, or

a service provided at discounted or negotiated rates that would

otherwise be subject to such initial base rate components,

Transporter's DSITB shall be adjusted by the product equal to

the negative differentials shown above times the billing

quantities associated with such invoiced amounts. A negative

differential shall result in a reduction to Transporter's

DSITB, but a positive differential shall not result in an

increase to Transporter's DSITB.

 

 

21.3 Transporter shall file revised versions of Sheet Nos. 6 - 7 to

reflect the revisions set forth in section 21.1, to be

effective on the first day of the month following the service

month for which it fully recovers its DSITB.

 

 

21.4 To the extent that Transporter over-recovers its DSITB due to a

time lag between the date full recovery occurs and the

effective date of the revised tariff sheets referenced in

Section 21.3, Transporter shall credit the invoices of shippers

within the scope of Section 21.2 by the adjusted amounts set

forth therein. This credit shall be reflected in the invoice

for service in the following month.