Mississippi River Transmission Corp.

Third Revised Volume No. 1

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Effective Date: 07/01/2000, Docket: RP00-305-001, Status: Effective

1st Substitute Original Sheet No. 226A 1st Substitute Original Sheet No. 226A : Superseded

Superseding: Original Sheet No. 226A

GENERAL TERMS AND CONDITIONS

(Continued)

 

19. MRT'S RIGHT TO CHANGE RATES AND TERMS OF SERVICE

 

19.1 MRT shall have the unilateral right to file with any

appropriate regulatory authority and make changes effective in

(1) the rates and charges applicable under MRT's rate

schedule(s), including both the level and design of such rates

and charges; and (2) the applicable terms of service for any

rate schedule or any other portion of this tariff. MRT agrees

that any Customer may protest or contest the aforementioned

filings, or may seek authorization from duly constituted

regulatory authorities, for such adjustment to MRT's existing

tariff as may be found necessary to assure that its provisions

are just and reasonable.

 

19.2 Negotiated Rates and Recourse Rates.

Notwithstanding anything to the contrary contained in this

Tariff, MRT and Customer may negotiate and agree upon a rate

for service under any rate schedule contained in this Tariff.

("Negotiated Rate," as further defined below), and such

Negotiated Rate shall apply to MRT's provision of such service

according to that agreement. MRT's maximum rate as shown on

MRT's Statement of Effective Rates and Charges for a

particular service ("Recourse Rate") is available for any

Customer that does not desire to negotiate a rate with MRT for

that service.

 

A Negotiated Rate shall mean a rate for service, the

individual components of which may exceed the maximum

reservation charge, if applicable, or usage charge, as stated

on MRT's Statement of Effective Rates and Charges for that

service. With respect to a Negotiated Rate which, when

calculated on a 100% load factor basis, exceeds MRT's Recourse

Rate for that service, for purposes of allocation of capacity

pursuant to Section 8 of the General Terms and Conditions of

MRT's Tariff, Customers shall be considered to have paid the

Recourse Rate. For purposes of bid evaluations that lead to

an award of capacity, MRT will award capacity pursuant to

Section 5.9(e) of the General Terms & Conditions of MRT's

Tariff. For purposes of exercising rights to continue service

pursuant to Section 15 of the General Terms and Conditions of

MRT's Tariff, the highest rate that a Customer must match if

it desires to retain all or a portion of its capacity and

continue to receive firm service under the same Rate Schedule

beyond the expiration date of such Long-Term Firm Agreement is

the Recourse Rate applicable to such service.