Williston Basin Interstate Pipeline Co.
Second Revised Volume No. 1
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Effective Date: 12/22/2006, Docket: RP07- 77-000, Status: Effective
First Revised Sheet No. 387 First Revised Sheet No. 387 : Effective
Superseding: Original Sheet No. 387
GENERAL TERMS AND CONDITIONS (Continued)
51. NEGOTIATED RATES (Continued)
51.1 Purpose: This Section 51 allows Transporter and Shipper to
negotiate a rate for service under the applicable Rate Schedules
contained in this Tariff. The rate or rates to be charged may be
negotiated in form and/or level from the maximum-to-minimum ranges set
forth on the Notice of Currently Effective Rates of this Tariff.
51.2 Conditions: Implementation of a negotiated rate shall be
subject to the following conditions:
51.2.1 Transporter may, at its option, require that Shippers
making negotiated rate bids or negotiated rate requests for any
available capacity first have an executed Part 284 Service
Agreement prior to implementing negotiated rates. Transporter
and any Shipper using capacity acquired under a capacity-release
arrangement, may mutually agree to convert that Service Agreement
to a Service Agreement subject to negotiated rates.
51.2.2 Shipper had access to the Recourse Rate at the time of
the execution of the Service Agreement implementing negotiated
rates. The Recourse Rate will not be available to either party
during the term of a negotiated rate Service Agreement except
upon mutual agreement.
51.2.3 Transporter has filed either the applicable Service
Agreement or a tariff sheet advising the FERC of such agreement.
The numbered tariff sheet will state the exact legal name of the
Shipper, the negotiated rate, other applicable charges, the
receipt and delivery points, the volume of gas to be transported
and the applicable Rate Schedule for service provided at a
negotiated rate. The tariff sheet will include a statement
affirming that the applicable Service Agreement does not deviate
in any material aspect from the Form of Service Agreement in this
Tariff. A negotiated rate shipper may amend primary receipt and
delivery points pursuant to Section 12.5 of these General Terms
and Conditions. All such primary receipt and delivery points are
posted on Transporter's Interactive Website daily and will not
necessitate the refiling of the applicable Service Agreement or
tariff sheet with the FERC.
51.2.4 A negotiated rate shipper is additionally subject to
all applicable surcharges and any applicable fuel reimbursement