Stingray Pipeline Company

Third Revised Volume No. 1

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Effective Date: 11/01/1997, Docket: RP97- 68-005, Status: Effective

Second Revised Sheet No. 55 Second Revised Sheet No. 55 : Effective

Superseding: First Revised Sheet No. 55

RATE SCHEDULE ITS

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5.2 Shipper shall reimburse Stingray for any Company Use Gas

in transporting gas hereunder as provided by Section 1.4 of the

General Terms and Conditions.

 

5.3 (a) Shipper shall reimburse Stingray within five (5)

days after costs have been incurred by Stingray for all fees

required by the FERC or any regulatory body including, but not

limited to, filing, reporting, and application fees to the extent

such fees are specifically related to service for that Shipper

hereunder and are not generally applicable fees (such as general

rate case filing fees).

 

(b) If Stingray constructs, acquires or modifies any

facilities to perform service hereunder, then as specified in an

agreement between the parties either:

 

(1) Shipper shall reimburse Stingray for the cost

of such facilities or facility modifications; or

 

(2) Stingray shall assess a monthly charge

reflecting such facility costs.

 

5.4 The ACA charge will be assessed, when applicable, as

provided in the General Terms and Conditions of this Tariff, on

volumes received by Stingray from Shipper under this Rate Schedule

ITS.

 

5.5 (a) Stingray shall have the unilateral right to file

with any appropriate regulatory authority and make changes effective

in: (1) the rates and charges applicable under this Rate Schedule

ITS, including both the level and design of such rates and charges;

or (2) the terms and conditions of this Rate Schedule ITS. Stingray

agrees that Shipper may protest or contest the aforementioned

filings, or may seek authorization from duly constituted regulatory

authorities for such adjustment of Stingray's existing FERC Gas

Tariff as may be found necessary to assure that its provisions are

just and reasonable.

 

(b) If, at any time and from time to time, the FERC or

any other governmental authority having jurisdiction in the premises

allows or permits Stingray to collect, or to negotiate to collect, a

higher rate for the service hereunder, the rate shall, subject to

any contrary provision of the ITS Agreement or a separate discount

agreement, be increased to the highest such rate. Should additional