Texas Eastern Transmission Corporation

Sixth Revised Volume No. 1

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Effective Date: 09/23/1999, Docket: RP99-480-000, Status: Effective

Original Sheet No. 683 Original Sheet No. 683 : Superseded

 

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

29. NEGOTIATED RATES

 

Pipeline and Customer may mutually agree on a negotiated rate or rate formula with respect to

rates, rate components, charges, or credits differing from the otherwise applicable recourse

rate under Rate Schedules CDS, FT-1, SCT, VKFT, LLFT, PTI, IT-1, VKIT, LLIT, SS-1, ISS-1,

and/or FSS-1.

 

29.1 Definition

 

A negotiated rate may be less than, equal to, or greater than the maximum recourse

rate; shall not be less than the minimum rate; may be a rate design other than

straight fixed-variable; and may include a minimum quantity. The recourse rates will

be available to any customer that does not wish to negotiate a rate.

 

29.2 Limitations

 

This Section 29 does not authorize the negotiation of terms and conditions of service.

 

29.3 Allocation of Capacity

 

Under any circumstances where allocation of capacity is determined by the rate being

paid, a negotiated rate Customer paying a rate higher than the maximum recourse rate

will be deemed to be paying a rate equal to such maximum recourse rate.

 

29.4 Bidding for Capacity

 

The cap for bidding for capacity under the right of first refusal provisions in

Section 3.13 of the General Terms and Conditions of this FERC Gas Tariff is the

maximum recourse rate.

 

29.5 Capacity Release

 

The release of capacity under a negotiated rate agreement is capped at the maximum

recourse rate; provided, however, the negotiated rate Customer will continue to be

obligated to pay Pipeline the difference by which the negotiated rate exceeds the rate

paid by the Replacement Customer. Pipeline and a negotiated rate Customer may agree

upon payment obligations and crediting mechanisms, which vary from or are different

from those set forth in Pipeline's capacity release provisions.

 

29.6 Accounting Treatment

 

Pipeline will establish a new sub-account to record the revenues received from any

negotiated rate transactions and shall maintain supporting information at a level of

detail that would be sufficient for Natural Gas Act Section 4 rate change filing

purposes. Pipeline will keep separate and identifiable each volume transported,

billing determinant, rate component, surcharge, and revenue associated with a

negotiated rate to permit filings in the form of Statements G, I, and J in future rate

proceedings.

 

29.7 Filing Requirement

 

Pipeline will file, prior to the commencement of service under a negotiated rate

agreement, a tariff sheet reflecting the customer's name, rate schedule, negotiated

rate, quantities, and points of receipt and delivery. Such sheet also affirms that

actual negotiated rate agreements do not deviate in any material respect from the form

of service agreements.