Enbriidge Pipelines (Midla) L. L. C.
FIFTH REVISED VOLUME NO. 1
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Effective Date: 10/01/2009, Docket: RP09-980-000, Status: Effective
First Revised Sheet No. 176 First Revised Sheet No. 176
Superseding: Original Sheet No. 176
20. DULY CONSTITUTED AUTHORITIES
These General Terms and Conditions, the Rate Schedules to which they
apply, and any executed Service Agreement for service hereunder are
subject to valid laws, orders, rules, and regulations of duly
constituted authorities having jurisdiction.
21. DESCRIPTIVE HEADINGS
The descriptive headings of the provisions of this Tariff are formulated
and used for convenience only and shall not be deemed to affect the
meaning or construction of such provisions.
22. ANNUAL CHARGE ADJUSTMENT CLAUSE (ACA)
22.1 Annual charges are assessed against Gas pipelines by the Federal
Energy Regulatory Commission (FERC) under 18 C.F.R. Part 382 of
the Commission's Regulations prior to each fiscal year in order to
cover the cost of the operation of the FERC. For the purpose of
recovering annual charges assessed Pipeline by the FERC, this
Section 22 establishes, pursuant to Section 154.38(d)(6) of the
Commission's Regulations an ACA unit rate to be applicable to
quantities transported or sold under Pipeline's Rate Schedules
identified in Paragraph 22.2. This ACA unit rate is in addition
to any amounts otherwise payable to Pipeline under such Rate
Schedules. Pipeline does not intend to recover any annual charges
recorded in FERC Account No. 928 in a Section 4 rate case while
this Section 22 is in effect. Pipeline reserves the right to
cancel this Section 22 and elect the Section 4 rate case recovery
methodology at a future date.
22.2 The ACA unit rate shall be applicable to all Rate Schedules which
are part of this FERC Gas Tariff.
22.3 The Rate Schedules specified in Paragraph 22.2 shall include an
increment for an ACA for the fiscal year October 1 through
September 30 of the next succeeding year. Such increment shall