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

Original Sheet No. 193 Original Sheet No. 193

 

31. NEGOTIATED RATES

31.1 PRECONDITIONS TO NEGOTIATED RATES

Rates (including but not limited to Fuel Reimbursement) to be charged by

Pipeline for service to any Customer under Rate Schedule NNS, FTS, ITS,

FTS-OSF, or ITS-OSF may deviate in either form or level or both from the

applicable maximum and/or minimum rate level in this Tariff, subject to

the following provisions:

(a) Pipeline and Customer have executed a valid Service Agreement

containing therein or in a related agreement a specific mutual

understanding that Negotiated Rate(s) or a Negotiated Rate Formula

will apply to service for that Customer;

(b) At the time of execution of the Service Agreement (or the amendment

to a Service Agreement), which first provides for the

applicability to Customer of the Negotiated Rate(s) or Negotiated

Rate Formula, service was available pursuant to the terms and

conditions (not modified by this Section 31) of Rate Schedule NNS,

FTS, ITS, FTS-OSF, or ITS-OSF of this FERC Gas Tariff, as

applicable;

(c) Pipeline may only offer or accept offers for service under this

Section 31 if and to the extent service is available at the

Recourse Rate;

(d) Pipeline will not negotiate terms and conditions of service under

this Section 31; and

(e) No later than the Business Day on which Pipeline commences service

at such Negotiated Rate(s) or Negotiated Rate Formula (or if the

Day on which Pipeline commences service is not a Business Day,

then no later than the next Business Day after Pipeline commences

service), Pipeline will file a tariff sheet advising the

Commission of such Negotiated Rate or Negotiated Rate Formula,

stating the name of Customer, the type of service, the term of the

Negotiated Rate or Negotiated Rate Formula, the primary Point(s)

of Receipt and Point(s) of Delivery Point applicable to the

service, the quantities of the Gas to be transported, any other

charges, and specifying either: (i) the specific Negotiated Rate

included in such Service Agreement; or (ii) the Negotiated Rate

Formula included in such Service Agreement with sufficient

specificity such that the rate in effect from time to time can be

readily calculated. The tariff sheet must either incorporate a

statement that the Service Agreement does not deviate from the

form of Service Agreement in any material respect, or Pipeline

shall file with the Commission a copy of the non-conforming

agreement.