Stingray Pipeline Company, L. L. C.

Third Revised Volume No. 1

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Effective Date: 11/01/2008, Docket: RP08-436-000, Status: Effective

First Revised Sheet No. 202 First Revised Sheet No. 202

Superseding: Original Revised Sheet No. 202

 

GENERAL TERMS AND CONDITIONS

 

 

Agreement with sufficient specificity such that the

rate in effect from time to time can be readily

calculated. The tariff sheet must either incorporate

a statement that the Agreement does not deviate from

the form of Service Agreement in any material respect,

or Stingray shall file with the Commission a copy of

the non-conformity contract.

 

 

34.2 CAPACITY ALLOCATION

 

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

Negotiated Rate(s) or Negotiated Rate Formula provided

for in Section 34.1 above, as calculated under

Subsection (b) of this Section 34.2, exceeds the

comparable revenue level at the Recourse Rate, the

Shipper bidding or paying such Negotiated Rate(s) or

rate(s) under a Negotiated Rate Formula 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 willing to pay an equal or higher Negotiated

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

If the Negotiated Rate or the rate under a Negotiated

Rate Formula 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 16.5 of these General

Terms and Conditions and for the Right of First

Refusal pursuant to Section 18.2 of these General

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

rate(s) under a Negotiated Rate Formula 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) or

rate(s) under a Negotiated Rate Formula 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 Formula shall be evaluated as

though the