Tariff
TWP Pipeline LLC
FERC GAS TARIFF
SECOND REVISED VOLUME NO. 1
SECTION 7.15
NEGOTIATED RATES
VERSION 3.0.0
GENERAL TERMS AND CONDITIONS7.15. NEGOTIATED RATES 7.15.1. Transporter and Shipper may agree to a rate under any Rate Schedule which may deviate in either form or level or both from the applicable maximum Recourse Rates set forth in the Statement of Rates and Charges in this Tariff. If Transporter and Shipper do not agree to a Negotiated Rate, the applicable Recourse Rates for that service will be available. 7.15.2. Filing Requirement – No later than the business day on which Transporter commences service at a Negotiated Rate (or if the day on which Transporter commences service is not a business day, then no later than the next business day thereafter), Transporter will file either the FT or IT Agreement or a tariff sheet stating the exact legal name of the Shipper, the Negotiated Rate, the Rate Schedule, the receipt and delivery points, the contract quantity, and , where applicable, the exact formula underlying a Negotiated Rate for any FT or IT Agreement. To the extent any transportation agreement deviates in any material respect from the Form of Service Agreement in the tariff for the applicable Rate Schedule, such agreement will be filed with the Commission. 7.15.3. Precondition – Transporter and Shipper have executed an FT or IT Agreement for a Negotiated Rate. At the time of execution, service was available for Shipper under one or more of the Rate Schedules generally applicable to all Shippers at a Recourse Rate. 7.15.4. Allocation of Capacity – For purposes of allocating subsequent capacity, whether by Transporter or pursuant to the capacity release provisions of Section 7.22 of the GT&C, a Negotiated Rate Shipper paying a rate higher than the maximum applicable Recourse Rate will be deemed to be paying a rate equal to such maximum Recourse Rate. The price cap for bidding for capacity under the ROFR provisions in Section 7.23 of the GT&C is the maximum Recourse Rate. 7.15.5. Capacity Release – The release of capacity under an FT Agreement is capped at the maximum Recourse Rate, except for releases where no such rate cap applies; provided, however, the Negotiated Rate Shipper will continue to be obligated to pay Transporter any difference by which the revenue due under the FT Agreement exceeds the revenue received from the Replacement Shipper. Transporter and a Negotiated Rate Shipper may agree upon payment obligations and crediting mechanisms, which vary from or are different from those set forth in Transporter's capacity release provisions in Section 7.22 of the GT&C.