GENERAL TERMS AND CONDITIONS

(continued)


 


 

(4) to specified periods of the year or over specifically-

defined periods of time;


 

(5) to specified Receipt Points or Delivery Points, markets,

or other defined geographical areas; and/or


 

(6) to production reserves or cargos of liquefied natural

gas committed by Shipper for transportation by Pipeline.


 

28.3 If Pipeline has agreed to a discount with a Shipper receiving

transportation service from Pipeline pursuant to Part 284 of the

Commission's regulations and the discount is limited to specific

Receipt Point(s) or Delivery Point(s) or both, the Shipper may

request that a discount apply to the use of an alternate Receipt

Point(s) or alternate Delivery Point(s) (whether through capacity

release, segmentation or its own exercise of flexible Receipt

Point(s) and Delivery Point(s) rights). There is a rebuttable

presumption that the Shipper will retain its discount for

transportation utilizing an alternate point if Pipeline grants

discounts to others receiving transportation service utilizing that

point that are similarly situated. Pipeline can rebut this

presumption by demonstrating that the service to the Shipper is not

similarly situated to the service receiving a discount utilizing the

alternate point. If Shipper receives a discount for transportation

utilizing the alternate point, Shipper shall pay the higher of its

contractual rate or the discount rate provided to another utilizing

the alternate point.


 

A Shipper may request to retain a discount for service to an

alternate point by faxing or emailing a request to Pipeline no less

than two (2) hours prior to its nomination to use an alternate

point. Pipeline will respond to that request and inform the Shipper

whether a discount shall apply within two (2) hours of receipt of

the request; provided, however, that Pipeline will respond to

requests received after 4:00 p.m. CCT by no later than 8:30 a.m. CCT

the following morning. If Shipper has previously requested

application of a discount to the same point and Pipeline has not

agreed, Pipeline shall not respond to the renewed request unless

Pipeline's decision has changed.