Natural Gas Pipeline Company Of America
Seventh Revised Volume No. 1
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Effective Date: 11/09/2009, Docket: RP09-855-002, Status: Effective
Substitute First Revised Sheet No. 618 Substitute First Revised Sheet No. 618
Superseding: Original Sheet No. 618
[FOR RATE SCHEDULE PALS]
Contract No. ......
NATURAL GAS PIPELINE COMPANY OF AMERICA LLC (NATURAL)
PARK AND LOAN SERVICE AGREEMENT .......... DATED ..........
UNDER SUBPART .......... OF PART 284 OF THE FERC'S REGULATIONS
above that agreed level. In addition, the discount agreement may include a provision that if one
rate component which was at or below the applicable maximum rate at the time the discount agreement
was executed subsequently exceeds the applicable maximum rate due to a change in Natural's maximum
rates so that such rate component must be adjusted downward to equal the new applicable maximum
rate, then other rate components may be adjusted upward to achieve the agreed overall rate, so long
as none of the resulting rate components exceed the maximum rate applicable to that rate component.
Such changes to rate components shall be applied prospectively, commencing with the date a
Commission order accepts revised tariff sheets. However, nothing contained herein shall be
construed to alter a refund obligation under applicable law for any period during which rates which
had been charged under a discount agreement exceeded rates which ultimately are found to be just
and reasonable. If the parties agree upon a rate other than the applicable maximum rate, such
written Agreement(s) shall specify that the parties mutually agree either: (1) that the agreed
rate is a discount rate; or (2) that the agreed rate is a Negotiated Rate (or Negotiated Rate
Formula). In the event that the parties agree upon a Negotiated Rate or Negotiated Rate Formula,
this Agreement shall be subject to Section 49 of the General Terms and Conditions of Natural's
11. Any or all of the following provisions may be included (where applicable) in maximum rate
agreements or in negotiated rate or discount contracts, if any:
a. (DISCOUNTED RATE AGREEMENTS ONLY) Applicable Maximum and Minimum Rates. Notwithstanding any
other provision of this Agreement, in no event shall a discounted rate billed by Natural be
less than the applicable minimum rate or more than the applicable maximum rate set forth in
Natural's FERC Gas Tariff, as may be revised from time to time.
b. (NEGOTIATED RATE AGREEMENTS ONLY) Maximum and Minimum Tariff Rates. Unless otherwise
expressly provided in this Agreement, the negotiated rates shall apply to service provided by
Natural to Shipper for the term of the Agreement notwithstanding any otherwise applicable
maximum or minimum rates set forth in Natural's FERC Gas Tariff as revised from time to time.
c. (DISCOUNTED RATE AGREEMENTS ONLY) Refunds. In no event shall Natural be required to refund to
Shipper any amounts collected for service to which the discounted rate(s) apply, unless the
relevant discounted rate billed to Shipper exceeds the corresponding applicable effective
maximum rates set forth in Natural's FERC Gas Tariff, as approved by the FERC from time to
d. (NEGOTIATED RATE AGREEMENTS ONLY) Refunds. In no event shall Natural be required to refund to
Shipper any amounts collected for service to which the negotiated rates apply, notwithstanding
any otherwise applicable maximum or minimum rate set forth in Natural's FERC Gas Tariff, as
may be revised from time to time.
e. Notifications. Except as otherwise may be expressly provided herein, any notice or
communication contemplated or required by this Agreement shall be in writing unless oral
notification is expressly authorized herein, and shall be sent to the appropriate party at the
relevant address set forth in this Agreement, as may be revised from time to time.
f. Nonwaiver of Rights. No delay or failure to exercise any right or remedy accruing to either
Natural or Shipper upon breach or default by the other will impair any right or remedy or be
construed to be a waiver of any such breach or default, nor will a waiver of any single breach
be deemed a waiver of any other breach or default.
g. Succession and Assignment. Any entity which shall succeed by purchase, merger or consolidation
to title to the properties, substantially as an entirety, of Natural or Shipper as the case
may be, shall be entitled to the rights and shall be subject to the obligations of its
predecessor in title under this Agreement. No other assignment of this Agreement nor of any
of the individual rights or obligations hereunder by Shipper shall be effective as to Natural
without the prior express written consent of Natural.