Panhandle Eastern Pipe Line Company
First Revised Volume No. 1
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Effective Date: 02/01/2002, Docket: RP00-395-003, Status: Effective
Original Sheet No. 712 Original Sheet No. 712 : Superseded
RATE SCHEDULE DVS (Continued)
DELILVERY VARIANCE SERVICE
FORM OF SERVICE AGREEMENT
levels are actually achieved or only with respect to Quantities below
a specified level; (c) only during specified time periods; (d) only
to specified Point(s) of Delivery, mainline segments, transportation
paths or defined geographical areas; or (e) in a specified
relationship to the Quantities actually delivered (i.e., that the
rates shall be adjusted in a specified relationship to Quantities
actually delivered at the specified Point of Delivery); provided,
however, that any such discounted rate set forth above shall be
between the Maximum Rate and Minimum Rate applicable to the service
provided under this Agreement. In addition, the discount agreement
may include a provision that if one rate component which was at or
below the applicable Maximum Rate at the time the discount agreement
was executed subsequently exceeds the applicable Maximum Rate due to
a change in Panhandle's Maximum Rates so that such rate component
must be adjusted downward to equal the new applicable Maximum Rate,
then other rate components may be adjusted upward to achieve the
agreed overall rate, so long as none of the resulting rate components
exceed the Maximum Rate applicable to that rate component. Such
changes to rate components shall be applied prospectively, commencing
with the date a Commission order accepts revised tariff sheets.
However, nothing contained herein shall be construed to alter a
refund obligation under applicable law for any period during which
rates which had been charged under a discount agreement exceeded
rates which ultimately are found to be just and reasonable. Any
discount(s) shall be effective only on a prospective basis and as
specified in the written agreement between Panhandle and DVS Party.
From time to time Panhandle and Shipper may agree to a
Negotiated Rate for a specified term for service hereunder.
Provisions governing such Negotiated Rate and term shall be set forth
on Exhibit A hereto.
ARTICLE 4 - FUEL REIMBURSEMENT
In addition to collection of the rates and charges provided for
in Article 3, Panhandle shall retain the percentage provided pursuant
to Rate Schedule DVS of the Quantity of Gas applied to the Delivery
Variance Service each Day, for reimbursement in kind from DVS Party
for fuel usage and unaccounted-for line loss.
ARTICLE 5 - GENERAL TERMS AND CONDITIONS
This Agreement and all terms for service hereunder are subject
to the further provisions of Rate Schedule DVS and the General Terms
and Conditions of Panhandle's Tariff, as such may be modified,
supplemented, superseded or replaced generally or as to the service
hereunder. Panhandle reserves the right from time to time to
unilaterally file and to make effective any such changes in the
provisions of Rate Schedule DVS and/or the General Terms and
Conditions, subject to the applicable provisions of the Natural Gas
Act and the Commission's Regulations thereunder. Such Rate Schedule
and General Terms and Conditions, as may be changed from time to
time, are by this reference incorporated in their entirety into this
Agreement and made an integral part hereof.