Rockies Express Pipeline LLC (Entrega)

Second Revised Volume No. 1

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Effective Date: 04/05/2010, Docket: RP10-474-000, Status: Effective

Original Sheet No. 87 Original Sheet No. 87




5.6 Where a Shipper has agreed to pay a Negotiated Rate or a rate under

a Negotiated Rate Formula, the rates assessed hereunder shall be

governed by Section 33 of the General Terms and Conditions of this

Tariff. A request for service at a Negotiated Rate or a rate under

a Negotiated Rate Formula shall specify the Negotiated Rate or

Negotiated Rate Formula on which the Shipper is willing to agree.


5.7 Notwithstanding the foregoing, the Access Charge for any Gas Day

shall be reduced to the extent that Transporter curtails or

interrupts service under Rate Schedule IBS that day, with the

reduction to be calculated by multiplying the applicable Daily

Access Rate times that portion of the confirmed Access Request which

is adversely affected by the curtailment or interruption.


5.8 If on any Gas Day the balancing service volumes hereunder exceed: a)

Shipper's MDQ; b) Shipper's maximum allowed Cumulative IBS Balance

for park or loan under the IBS Agreement; or c) the confirmed daily

Access Request quantities determined under Section 6.1 hereof,

Shipper shall pay either an authorized overrun rate, or an

unauthorized overrun rate consistent with Section 7 of this Rate



5.9 A. Shipper shall reimburse Transporter, within five (5) Days after

receiving an invoice from Transporter, for all fees incurred by

Transporter which are required by the Commission 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



B. Incremental Facility Charge. When the construction of new

facilities is required in order to provide service to Shipper,

Shipper will pay Transporter for such facilities. Shipper may

elect to (1) make a one-time 100 percent reimbursement for the

cost of facilities or (2) pay the cost of facilities over a

period of time agreed to by Shipper and Transporter. The

facility charge will include the cost of the facilities

(including Transporter overheads) plus any related taxes, plus

interest as agreed to by the Parties, if the Shipper elects to

reimburse Transporter for the facilities over a period of time.

If a contribution in aid of construction (CIAC) is paid by the

Shipper in accordance with the construction of facilities

agreement and such transaction is determined to be taxable, it

shall be increased by an amount (Tax Reimbursement) to compensate

for the income tax effects thereof, according to the following