Panhandle Eastern Pipe Line Company
First Revised Volume No. 1
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Effective Date: 01/23/1999, Docket: RP99-192-000, Status: Effective
Fourth Revised Sheet No. 92 Fourth Revised Sheet No. 92 : Superseded
Superseding: Third Revised Sheet No. 92
RATE SCHEDULE FS (Continued)
FLEXIBLE STORAGE SERVICE
3.8 Fuel Reimbursement
Shipper shall reimburse Panhandle in kind for fuel usage
and lost or unaccounted for Gas pursuant to the terms and
conditions of the Service Agreement and as stated on the
effective Tariff Sheet No. 14 for service hereunder. If
the Stored Volume of the Shipper is not reduced to 20% of
Maximum Stored Quantity or less prior to the end of the
withdrawal period of any Contract Year as specified in
the Service Agreement, then Panhandle shall retain .25% of
the excess Stored Volume over 20% of the Maximum Stored
Quantity to compensate for additional compressor fuel
required.
3.9 Negotiated Rates
Shipper and Panhandle may agree, on a prospective basis,
to a Negotiated Rate with respect to the charges
identified in Sections 3.1, 3.2, 3.3 and 3.4 herein which
may be less than, equal to or greater than the Maximum
Rate; shall not be less than the Minimum Rate; may be
based on a rate design other than straight fixed
variable; and may include a minimum quantity. Such
Negotiated Rate shall be set forth on Exhibit A of the
executed Service Agreement and on the currently effective
Tariff Sheet No. 27. The Maximum Rate shall be available
to any Shipper that does not choose a Negotiated Rate.
Shippers paying a Negotiated Rate which exceeds the
Maximum Rate will be considered to be paying the Maximum
Rate for purposes of scheduling, curtailment and
interruption, and calculating the economic value of a
request for unsubscribed firm capacity. In addition,
a Shipper that does not agree to pay any surcharges will
not be granted a scheduling preference that deems such
surcharges have been paid. Replacement Shippers may not
bid or pay a rate greater than the Maximum Rate and are
not eligible for Negotiated Rates.
In the event that capacity subject to a Negotiated Rate
which is based on a rate design other than straight fixed
variable is released, Shipper and Panhandle may agree on
billing adjustments to the Releasing Shipper that may
vary from or are in addition to those set forth in
Section 15.6 of the General Terms and Conditions in order
to establish the basis of accounting for revenues from a
Replacement Shipper as a means of preserving the
economic bases of the Negotiated Rate. Such payment
obligation and crediting mechanism for capacity release
shall be set forth on Exhibit A of the executed Service
Agreement. Nothing in this Section 3.9 shall authorize
Panhandle or Shipper to negotiate terms and conditions of
service.