Enbriidge Pipelines (Midla) L. L. C.

FIFTH REVISED VOLUME NO. 1

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Effective Date: 08/01/2009, Docket: RP09-808-000, Status: Effective

Third Revised Sheet No. 103 Third Revised Sheet No. 103

Superseding: Second Revised Sheet No. 103

 

1.23 MONTHLY ALLOCATION. The term "Monthly Allocation" shall mean the

process where the Allocation Party perform the allocation process

at the end of the monthly flow period.

 

1.24 NAESB. The term "NAESB" shall mean the North American Energy

Standards Board or any successor entity.

 

1.25 NAESB Standards. The term "NAESB Standards" shall mean those

standards relating to business practices and electronic

communications published by NAESB as adopted by the FERC and

included in the Code of Federal Regulations through due process.

Unless specifically indicated otherwise, all incorporated

standards are as reflected in the most recently adopted NAESB

Version.

 

1.26 NATURAL GAS or GAS. The terms "Natural Gas" or "Gas" shall mean

any mixture of hydrocarbons or of hydrocarbons and non-combustible

gases, in a gaseous state, consisting essentially of methane.

1.27 NEGOTIATED RATE. The term "Negotiated Rate" shall mean a rate

provision under which Pipeline and Customer have agreed on the

amount to be charged for the service under Rate Schedule NNS, FTS,

ITS, FTS-OSF, or ITS-OSF which results in a rate (including but

not limited to Fuel Reimbursement) where, for all or a portion of

the contract term, one or more of the individual components of

such rate exceeds or may exceed the applicable maximum rate or is

less than or may be less than the applicable minimum rate

(including but not limited to in the form of surcharges, credits,

refunds or return of credits or refunds). Any Service Agreement

entered into after the effective date of this subsection which

provides for a rate under Rate Schedule NNS, FTS, ITS, FTS-OSF, or

ITS-OSF other than the applicable maximum rate shall contain a

provision setting out the mutual agreement of the parties as to

whether the pricing terms represent a discounted rate or a

Negotiated Rate.

1.28 NEGOTIATED RATE FORMULA. The term "Negotiated Rate Formula" shall

mean a rate formula provision under which Pipeline and Customer

have agreed will be applied to service under Rate Schedule NNS,

FTS, ITS, FTS-OSF, or ITS-OSF which results in a rate (including

but not limited to Fuel Reimbursement) where, for all or a portion

of the contract term, one or more of the individual components of

such rate exceeds or may exceed the applicable maximum rate or is

less than or may be less than the applicable minimum rate

(including but not limited to in the form of surcharges, credits,

refunds or return of credits or refunds). Any Service Agreement

entered into after the effective date of this subsection which

provides for a rate under Rate Schedule NNS, FTS, ITS, FTS-OSF, or

ITS-OSF other than the applicable maximum rate shall contain a

provision setting out the mutual agreement of the parties as to

whether the pricing terms represent a discounted rate or a rate

pursuant to a Negotiated Rate Formula.