Central Kentucky Transmission Company
Original Volume No. 1
Contents / Previous / Next / Main Tariff Index
Effective Date: 02/26/2009, Docket: RP09-285-001, Status: Effective
First Revised Sheet No. 265 First Revised Sheet No. 265
Superseding: Original Sheet No. 265
GENERAL TERMS AND CONDITIONS
35. NEGOTIATED RATES
35.1 Availability. Transporter and Shipper may mutually agree to a
Negotiated Rate for service under any Rate Schedule, provided Shipper has not
acquired its capacity as a temporary capacity release under Section 14
(Release and Assignment of Service Rights) of the General Terms and
35.2 Recourse Rate Availability. The Recourse Rate shall be available to
any Shipper that does not wish to mutually agree to a Negotiated Rate.
35.3 Limitations. This Section 35 does not authorize the negotiation of
terms and conditions of service.
35.4 Allocations/Interruptions Based on Price. Under any circumstances
where the allocation or interruption of capacity is determined by the rate
being paid (including pursuant to Sections 7 (Capacity Allocation) and 16
(Interruptions of Service) of the General Terms and Conditions), Shippers
paying more than the Recourse Rate will be considered to be paying the
35.5 Capacity Release. The maximum price cap for the release of capacity
under a Negotiated Rate agreement shall be the Recourse Rate for releases
with a term of more than one (1) year. The maximum price cap shall not apply
to releases under this Section with a term of one (1) year or less.
Transporter and a Releasor under Section 14 (Release and Assignment of
Service Rights) of the General Terms and Conditions may, in connection with
their agreement to a Negotiated Rate, agree upon payment obligations and
crediting mechanisms in the event of a capacity release that vary from or are
in addition to those set forth in General Terms and Conditions Section 14.8.
35.6 Right of First Refusal. The right of first refusal provided with
respect to certain Shipper's firm Service Agreements, as described in Section
4 (Auctions of Available Firm Service) of the General Terms and Conditions,
shall not apply to firm Service Agreements with Negotiated Rates.