January 31, 2014 Great Lakes Gas Transmission Company 717 Texas Street, Suite 2400 Houston, TX 77002-2761 Ms. Kimberly D. Bose, Secretary Federal Energy Regulatory Commission 888 First Street, N.E. Washington, D.C. 20426 web http://www.glgt.com Re: Great Lakes Gas Transmission Limited Partnership Change in RP14- -000 Dear Ms. Bose: Pursuant to Section 4 of the Natural Gas Act ( NGA ) and Part 154 of the Federal Energy Regulatory Commission s ( FERC or Commission ) regulations, 1 Great Lakes Gas Transmission Limited Partnership ( GLGT ) respectfully submits for filing the tariff sections listed in Appendix A to be part of its, ( Tariff ). The purpose of this filing is to revise GLGT s reservation charge crediting and force majeure tariff provisions consistent with Commission policy as further described below. GLGT respectfully requests that the Commission accept the tariff sections included herein as Appendix A to become effective March 3, 2014. Correspondence The names, titles, mailing addresses, and telephone numbers of those persons to whom correspondence and communications concerning this filing should be addressed are as follows: 1 18 C.F.R. Part 154 (2014).
John A. Roscher * David R. Hammel Director of Rates and Tariffs Legal Counsel * Joan F. Collins Great Lakes Gas Transmission Limited Manager, Tariffs and Compliance Partnership Great Lakes Gas Transmission Limited 717 Texas Street, Suite 2400 Partnership Houston, Texas 77002-2761 717 Texas Street, Suite 2400 Tel. (832) 320-5861 Houston, Texas 77002-2761 Fax (832) 320-6861 Tel. (832) 320-5651 E-mail: dave_hammel@transcanada.com Fax (832) 320-6651 E-mail: joan_collins@transcanada.com * Persons designated for official service pursuant to Rule 2010. Statement of Nature, Reasons, and Basis for Filing By the instant filing, GLGT is proposing to change its Tariff to implement the current reservation charge crediting policy. Consistent with the Commission s recent decisions regarding reservation charge crediting in other proceedings, 2 GLGT s Tariff has been modified to recognize outages impacting primary firm service caused by either a force majeure event or a non-force majeure event, as further described below. GLGT proposes to consolidate its reservation charge crediting provisions, previously included within each rate schedule, at revised tariff Section 6.10 of the General Terms and Conditions of GLGT s Tariff. 3 Tariff Section 6.10, paragraph 3(a), defines Firm Daily Volume as the volume of gas that GLGT is obligated to deliver on a firm basis at shipper s primary firm delivery points on any day. Firm Daily Volume is limited to confirmable nominations within a shipper s firm entitlement, as routinely approved by the Commission in other pipeline tariffs. 4 As clarified in proposed paragraph 3(e) of tariff Section 6.10, confirmable nominations relates to nominations confirmed by both upstream and downstream operators. Accordingly, in determining reservation charge credits, the use of confirmable nominations reflects the capacity the shipper would have 2 3 4 See e.g., Natural Gas Supply Association, 135 FERC 61,055) ( April 2011 Order ); Southern Natural Gas Co., 135 FERC 61,056, order on reh g. 137 FERC 61,050 (2011); Kern River Gas Transmission Co., 139 FERC 61,044 (2012); Dominion Transmission Inc., 142 FERC 61,154 (2013) ( Dominion Order ); Gas Transmission Northwest LLC, 141 FERC 61,101 (2012) ( GTN Order ); Gas Transmission Northwest LLC, RP12-15-005 (January 16, 2013) (unpublished Director s letter order); and ANR Pipeline Company, 145 FERC 61,182 (2013) ( ANR Order ). Part 6.10 GT&C, Force Majeure, Remedies, and Reservation Charge Credits, v.2.0.0 ( Section 6.10 ). See ANR Order at P 14. See also GTN Order at P 39. 2
otherwise been able to schedule, based on what GLGT would have been able to receive and deliver for the account of a shipper on a particular day. Proposed tariff Section 6.10, paragraph 3(b), governs reservation charge credits for force majeure events. As set forth in its April 2011 Order, the Commission has permitted pipelines to implement one of two different methods to determine reservation charge credits as a result of a force majeure outage. 5 GLGT proposes in the instant filing to implement the Safe Harbor method, and will provide full reservation charge credits for any quantity of gas that GLGT is unable to deliver up to a shipper s Firm Daily Volume after a safe harbor period of 10 days. However, reservation charge credits shall not be provided to the extent that a shipper utilizes secondary service, consistent with the Commission s April 2011 Order and similar orders issued in other proceedings. 6 Additionally, two previously-approved exemptions for providing reservation charge credits for force majeure events have been relocated from the firm rate schedules to tariff Section 6.10, paragraph 3(b), as described herein. First, GLGT is not obligated to provide reservation charge credits if its inability to deliver a shipper s Firm Daily Volume is due to the heat content of gas received by GLGT being below a Btu level of 967, the Btu level at which a shipper s maximum daily quantity is calculated. 7 Second, for service provided pursuant to Rate Schedule LFT, GLGT is not obligated to provide reservation charge credits if GLGT s inability to deliver a shipper s Firm daily Volume occurs on a Gas Day when service was unavailable pursuant to the terms of Rate Schedule LFT ( LFT Exemption ). 8 5 6 7 8 April 2011 Order at PP 16-17. A pipeline may select either the No-Profit method, whereby from day 1 of an outage the pipeline provides reservation charge credits covering the portion of the reservation charge that represents the pipeline s return on equity and associated income taxes, or the Safe Harbor method whereby the pipeline provides full reservation charge credits after a safe harbor period of 10 days. See, e.g., April 2011 Order at P 27; ANR Order at P 19; Southern Natural Gas Co., 137 FERC 61,050 at P 16 (2011); TransColorado Gas Transmission Company LLC, 139 FERC 61,229 at P 44 (2012) ( TransColorado Order ). See Great Lakes Gas Transmission Limited Partnership, RP97-55-000, et.al., (May 15, 2007) (unpublished letter order). GLGT proposes to relocate the provision as currently included in Rate Schedules FT, EFT, and LFT to tariff Section 6.10, paragraph 3(b). See Great Lakes Gas Transmission Limited Partnership, 90 FERC 61,065 (2000). GLGT proposes to relocate this provision as currently provided in Rate Schedule LFT to tariff Section 6.10, paragraph 3(b). 3
GLGT proposes, in tariff Section 6.10, paragraph 3(c), to provide partial reservation charge credits for a two-year transitional period for outages necessary to comply with orders issued by the Pipeline and Hazardous Materials Safety Administration ( PHMSA ) pursuant to Section 60139(c) of Title 49 of the United States Code, consistent with recent Commission decisions. Accordingly, GLGT proposes to use the Safe Harbor method for reservation charge crediting associated with such PHMSA outages for a two-year period commencing with the effective date of this proposed tariff change (i.e., March 3, 2014). 9 Consistent with the Dominion Order, ANR has separately located the PHMSA provision within tariff Section 6.10, paragraph 3. 10 Proposed tariff Section 6.10, paragraph 3(d), governs reservation charge credits for non-force majeure outages. Consistent with the Commission s April 2011 Order, GLGT proposes to provide full reservation charge credits starting on day one for any non-delivery of gas resulting from a non-force majeure outage up to a shipper s Firm Daily Volume. Reservation charge credits shall not be provided to the extent that a shipper utilizes secondary service. GLGT additionally proposes to include the LFT Exemption, described above, for non-force majeure outages. Within tariff Section 6.10, paragraph 3(e), GLGT further clarifies that an exemption from crediting for nominated amounts not confirmed is limited to events caused solely by the conduct of others not controlled by GLGT, such as a shipper upstream or downstream facility operators not controlled by GLGT. The provision is consistent with tariff language previously approved by the Commission in other proceedings. 11 As a result of the consolidation of reservation charge crediting provisions into proposed tariff Section 6.10, paragraph 3, the reservation charge crediting provisions currently contained within 9 10 11 Dominion Order at P 26. The Commission clarified that the two-year transitional period is keyed to the effective date of the tariff records that implement such period. The Commission recently reaffirmed its position on PHMSA Outages. See also, e.g., Gulf South Pipeline Co., LP, 141 FERC 61,224 (2012); Gulf Crossing Pipeline Co. LLC, 141 FERC 61,222 (2012); Texas Gas Transmission, LLC, 141 FERC 61,223 (2012); and the ANR Order at P 29. Dominion order at P 19. The Commission instructed Dominion to remove the PHMSA provision from its force majeure definition and include it as a separate transitional provision. ANR Order at P 14; GTN Order at P 39; and TransColorado Order at PP 50-51. 4
each of GLGT s firm rate schedules has been removed. 12 updated Table of Contents 13 to revise the name of tariff Section 6.10. Additionally, GLGT is submitting an Finally, GLGT is proposing modifications to its force majeure definition included in tariff Section 6.10, paragraph 1. Consistent with the Commission s April 2011 Order, GLGT is incorporating language to clarify that in order to qualify as a force majeure event, repairs must be unexpected and uncontrollable. 14 Additionally, GLGT is expanding its force majeure definition to include outages resulting from legislative, administrative, or judicial action, if such outages to comply with government requirements are both outside GLGT s control and unexpected, consistent with recent Commission orders. 15 Effective Date GLGT requests that the Commission accept the proposed tariff sections listed in Appendix A to become effective March 3, 2014. Other Filings That May Affect This Proceeding There are no other filings before the Commission that may significantly affect the changes proposed herein. Contents of Filing In accordance with Section 154.7 of the Commission s regulations, GLGT is submitting the following XML filing package, which includes: 1. This transmittal letter; 2. The clean tariff sections (Appendix A); and 3. The marked tariff sections (Appendix B). 12 13 14 15 Specifically, Part 5.1.4.1 Rate Schedule FT, Firm Service; Part 5.2.4.1 Rate Schedule EFT, Firm Service; and Part 5.3.4.1 Rate Schedule LFT, Limited Firm Transportation Services. Part 1 Table of Contents ( Table of Contents ) April 2011 Order at P 23. ANR Order at P 24 (approving this expanded definition of force majeure). See also the GTN Order at PP 46-49. In the GTN Order, the Commission stated that outages resulting from government requirements are only considered force majeure if such outages are both reasonably outside a pipeline s control and unexpected. 5
Certificate of Service As required by Sections 154.7(b) and 154.208 of the Commission s regulations, copies of this filing are being served upon all of GLGT s existing customers, all parties in this proceeding, and interested state regulatory agencies. A copy of this letter, together with the other attachments, is available during regular business hours for public inspections at GLGT s principal place of business. Pursuant to Section 385.2005 and Section 285.2011(c)(5), the undersigned has read this filing and knows its contents, and the contents are true as stated, to the best of his knowledge and belief. Additionally, the undersigned possesses full power and authority to sign such a filing. Any questions regarding this filing may be directed to Joan Collins at (832) 320-5651. Respectfully submitted, GREAT LAKES GAS TRANSMISSION LIMITED PARTNERSHIP BY: GREAT LAKES GAS TRANSMISSION COMPANY, ITS OPERATOR John A. Roscher Director, Rates & Tariffs Enclosures 6
Appendix A Great Lakes Gas Transmission Limited Partnership - FERC Gas Tariff, Clean Tariff Tariff Section Part 1 Table of Contents Version v.4.0.0 5.1.4.1 Rate Schedule FT, Firm Service v.2.0.0 5.2.4.1 Rate Schedule EFT, Firm Service v.2.0.0 5.3.4.1 Rate Schedule LFT, Limited Firm Transportation Services v.2.0.0 6.10 GT&C, Force Majeure, Remedies, and Reservation Charge Credits v.2.0.0
Great Lakes Gas Transmission Limited Partnership PART 1 TABLE OF CONTENTS v.4.0.0 Superseding v.3.0.0 TABLE OF CONTENTS -------------------------------------- Section No. --------- Table of Contents... 1 Preliminary Statement... 2 Maps System Map... 3.1 Western Zone Map... 3.2 Central Zone Map... 3.3 Eastern Zone Map... 3.4 Statement of Rates Rate Schedule FT, LFT, and EFT Rates... 4.1 Transition Credit (Surcharges)... 4.2 Rate Schedule IT Rates... 4.3 Rate Schedule MC Rates... 4.4 Transporter's Use Percentages... 4.5 ACA Charges... 4.6 Negotiated Rates... 4.7 Non-Conforming Service Agreements... 4.8 Reserved For Future Use... 4.9 Rate Schedules Rate Schedule FT... 5.1 Rate Schedule EFT... 5.2 Rate Schedule LFT... 5.3 Rate Schedule IT... 5.4 Rate Schedule MC... 5.5 General Terms and Conditions Definitions... 6.1 Request for Service... 6.2 Nominations, Scheduling and Allocation... 6.3 Pressure at Points of Receipt and Delivery... 6.4 Modification of Points of Receipt and Delivery... 6.5 Measurement... 6.6 Measurement Equipment... 6.7 Quality... 6.8 Billing and Payment... 6.9
Great Lakes Gas Transmission Limited Partnership PART 1 TABLE OF CONTENTS v.4.0.0 Superseding v.3.0.0 Force Majeure, Remedies, and Reservation Charge Credits... 6.10 Priorities and Reductions... 6.11 Compliance Plan for Transportation Services and Complaints... 6.12 Miscellaneous... 6.13 Reservation of Capacity for Future Expansion Projects... 6.14 Firm Capacity Release Program... 6.15 Firm Service Agreement Expiration - Right of First Refusal... 6.16 Gas Research Institute Passthrough Provision... 6.17 Annual Charges Adjustment... 6.18 Discounting Policy... 6.19 Construction & Financing of Laterals... 6.20 Periodic Reports... 6.21 Off-System Capacity... 6.22 NAESB Standards... 6.23 Electronic Communications... 6.24 Penalty Revenue Crediting Mechanism... 6.25 Creditworthiness... 6.26 Transporter's Use... 6.27 Form of Service Agreement Service Request Form... 7.1 Credit Application... 7.2 Form of Transportation Service Agreement... 7.3 Form of Market Center Service Agreement... 7.4 Form of Master Service Agreement... 7.5 Form of Award Acknowledgment... 7.6 Negotiated Rate Agreements S.D. Warren Company FT Agreement (#FT12953)... 8.1 Minnesota Power FT Agreement (#FT12954)... 8.2 Non-Conforming Agreements Michigan Consolidated Gas Company FT Agreement (#FT4634)... 9.1 Michigan Consolidated Gas Company FT Agreement (#FT4635)... 9.2
Great Lakes Gas Transmission Limited Partnership PART 1 TABLE OF CONTENTS v.4.0.0 Superseding v.3.0.0 TABLE OF CONTENTS --------------------------------- Sheet Original Volume No. 2 No. --------------------------------------- --------- Preliminary Statement... 2 Map... 3 Transporter's Use Factor - Volume 2, Non-Emerson Services... 3-A Rate Schedule X-1 - Exchange Service... 67 Rate Schedule T-8 - Transportation and Exchange Service... 214 Rate Schedule T-10 - Transportation and Exchange Service... 237 Rate Schedule T-9 - Transportation and Exchange Service... 259 Index of Customers... 1000
Great Lakes Gas Transmission Limited Partnership PART 5.1.4.1 5.1.4.1- Rate Schedule FT Firm Service v.2.0.0 Superseding v.1.0.0 5.1.4.1 Firm Service. (a) Monthly Reservation Fees: Reservation fees shall be paid based upon the currently effective reservation fee rates and the Maximum Daily Quantity for the appropriate zones of service as set forth in Sections 4.1 and 4.2 of this FERC Gas Tariff,. (b) Utilization Charge: A utilization charge shall be paid for each Dth of gas received from or on behalf of Shipper up to Shipper's MDQ at the point(s) of delivery during the Month pursuant to the Agreement. The appropriate utilization charge for receipt and redelivery in each zone is stated in Sections 4.1 and 4.2 of this,.
Great Lakes Gas Transmission Limited Partnership PART 5.2.4.1 5.2.4.1-Rate Schedule EFT Firm Service v.2.0.0 Superseding v.1.0.0 5.2.4.1 Firm Service. (a) Monthly Reservation Fees: Reservation fees shall be paid based upon the currently effective reservation fee rates and the Maximum Daily Quantity for the appropriate zones of service as set forth in Sections 4.1 and 4.2 of this FERC Gas Tariff,. (b) Utilization Charge: A utilization charge shall be paid for each Dth of gas received from or on behalf of Shipper up to Shipper's MDQ at the point(s) of delivery during the Month pursuant to the Agreement. The appropriate utilization charge for receipt and redelivery in each zone is stated in Sections 4.1 and 4.2 of this,.
Great Lakes Gas Transmission Limited Partnership PART 5.3.4.1 5.3.4.1-Rate Schedule LFT Limited Firm Transportation Services v.2.0.0 Superseding v.1.0.0 5.3.4.1 Limited Firm Transportation Services. (a) Monthly Reservation Fees: Reservation fees shall be paid based upon the applicable Maximum Daily Quantity and the currently effective reservation fee rates for the appropriate zones of service based on the formula set forth in Section 4.1 of this. (b) Utilization Fees: A utilization fee shall be paid for each Dth of gas received from or on behalf of a Shipper for delivery during the Month pursuant to the Agreement. The appropriate utilization rates for receipt and redelivery in each zone for Service under this Rate Schedule LFT are the same as the corresponding utilization rates under Rate Schedule FT as set forth in Section 4.1 of this.
Great Lakes Gas Transmission Limited Partnership PART 6.10 6.10 - GT&C Force Majeure, Remedies, and Reservation Charge Credits v.2.0.0 Superseding v.1.0.0 6.10 FORCE MAJEURE, REMEDIES, AND RESERVATION CHARGE CREDITS 1. Force Majeure. Neither Shipper nor Transporter shall be liable in damages to the other for any act, omission or circumstances occasioned by or in consequence of: any acts of God, strikes, lockouts, acts of the public enemy, wars, blockades, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, storms, floods, washouts, arrests and restraints of rulers and peoples, civil disturbances, explosions, breakage or accident to machinery or lines of pipe, line freezeups, decline in the Btu level of Gas received by Transporter at any point below the level at which the MDQs of Service Agreements are based, as specifically stated in Section 6.8 paragraph 1 of the General Terms and Conditions, to the effect that Transporter cannot Transport Shipper's Scheduled Daily Delivery, and any other cause, whether of the kind herein enumerated or otherwise, including legislative, administrative or judicial action which has been resisted in good faith by all legal means, all of which are not reasonably expected and within the control of the party invoking this section, and whether caused or occasioned by or happening on account of the act or omission of one of the parties hereto or some person or concern not a party hereto, not within the control of the party claiming suspension and which by the exercise of due diligence such party is unable to prevent or overcome. A failure to settle or prevent any strike or other controversy with employees or with anyone purporting or seeking to represent employees shall not be considered to be a matter within the control of the party claiming suspension. 2. Remedies. Such causes or contingencies affecting the performance of the Agreement by either party, however, shall not relieve it of liability in the event of its concurring negligence or in the event of its failure to use due diligence to remedy the situation and remove the cause in an adequate manner and with all reasonable dispatch, nor shall such causes or contingencies affecting the performance of this Agreement relieve either party from its obligation to make payments of amounts then due thereunder, nor shall such cause or contingencies relieve either party of liability unless such party shall give notice and full particulars of the same in writing or by fax to the other party as soon as possible after the occurrence relied on. 3. Reservation Charge Credits. (a) Firm Daily Volume As used in this Section 6.10, Firm Daily Volume Shall mean the volume of gas which Transporter is obligated to deliver on a firm basis at Shipper s
Great Lakes Gas Transmission Limited Partnership PART 6.10 6.10 - GT&C Force Majeure, Remedies, and Reservation Charge Credits v.2.0.0 Superseding v.1.0.0 primary firm delivery point(s) on a Gas Day, based on confirmable nominations for firm service within Shipper s Maximum Daily Quantity. (b) Force Majeure Event If, due to an event of Force Majeure as defined in Section 6.10 of the General Terms and Conditions of this, Transporter is unable to delivery any portion of Shipper s Firm Daily Volume for a period greater than ten (10) consecutive days, then for each day beyond ten (10) days that Transporter so fails to provide service the applicable reservation charges including applicable reservation-based surcharges shall not apply to the quantity of gas not delivered by Transporter within the Shipper s Firm Daily Volume; provided, however, that these charges shall not be eliminated to the extent that the Shipper utilizes secondary point service. However, if Transporter's inability to deliver Shipper's Scheduled Daily Delivery is due to the heat content of Gas received by Transporter being below the Btu level at which Shipper's MDQs are based, as specifically stated in Section 6.8 paragraph 1 of the General Terms and Conditions, the reservation fee shall not be reduced by any amount. Additionally, if Transporter s inability to deliver Shipper s Firm Daily Volume occurs on a Gas Day when service was unavailable pursuant to the terms of Transporter s Rate Schedule LFT, the reservation charges shall not be reduced by any amount. (c) PHMSA For a two-year transitional period beginning March 3, 2014, reservation charge credits associated with outages that are required to comply with orders issued by the Pipeline and Hazardous Materials Safety Administration (PHMSA) pursuant to Section 60139(c) of Title 49 of the United States Code, Chapter 601, shall be calculated in accordance with paragraph b above. Notices of outages pursuant to this section shall identify the specific PHMSA order of requirement with which Transporter is complying. (d) Non-Force Majeure Event Expect as for provided for in paragraphs b and c above, in the event Transporter fails to delivery any portion of Shipper s Firm Daily Volume on any Gas Day under any firm contract, then the applicable reservation charges including applicable reservation-based surcharges shall not apply to the quantity of gas not delivered by Transporter within Shipper s Firm Daily
Great Lakes Gas Transmission Limited Partnership PART 6.10 6.10 - GT&C Force Majeure, Remedies, and Reservation Charge Credits v.2.0.0 Superseding v.1.0.0 Volume; provided, however, that these charges shall not be eliminated to the extent that the Shipper utilizes secondary point service. However, if Transporter s inability to deliver Shipper s Firm Daily Volume occurs on a Gas Day when service was unavailable pursuant to the terms of Transporter s Rate Schedule LFT, the reservation fees shall not be reduced by any amount. (e) Confirmable Nominations Any exemption from crediting for nominated amounts not confirmed, as provided in Section 6.10, paragraphs b, c, and d above, is limited to events caused solely by the conduct of others, such as Shipper or upstream or downstream facility operators not controlled by Transporter.
Appendix B Great Lakes Gas Transmission Limited Partnership - FERC Gas Tariff, Marked Tariff Tariff Section Part 1 Table of Contents Version v.4.0.0 5.1.4.1 Rate Schedule FT, Firm Service v.2.0.0 5.2.4.1 Rate Schedule EFT, Firm Service v.2.0.0 5.3.4.1 Rate Schedule LFT, Limited Firm Transportation Services v.2.0.0 6.10 GT&C, Force Majeure, Remedies, and Reservation Charge Credits v.2.0.0
Great Lakes Gas Transmission Limited Partnership PART 1 TABLE OF CONTENTS v.4.0.0 Superseding v.3.0.0 TABLE OF CONTENTS -------------------------------------- Section No. --------- Table of Contents... 1 Preliminary Statement... 2 Maps System Map... 3.1 Western Zone Map... 3.2 Central Zone Map... 3.3 Eastern Zone Map... 3.4 Statement of Rates Rate Schedule FT, LFT, and EFT Rates... 4.1 Transition Credit (Surcharges)... 4.2 Rate Schedule IT Rates... 4.3 Rate Schedule MC Rates... 4.4 Transporter's Use Percentages... 4.5 ACA Charges... 4.6 Negotiated Rates... 4.7 Non-Conforming Service Agreements... 4.8 Reserved For Future Use... 4.9 Rate Schedules Rate Schedule FT... 5.1 Rate Schedule EFT... 5.2 Rate Schedule LFT... 5.3 Rate Schedule IT... 5.4 Rate Schedule MC... 5.5 General Terms and Conditions Definitions... 6.1 Request for Service... 6.2 Nominations, Scheduling and Allocation... 6.3 Pressure at Points of Receipt and Delivery... 6.4 Modification of Points of Receipt and Delivery... 6.5 Measurement... 6.6 Measurement Equipment... 6.7 Quality... 6.8 Billing and Payment... 6.9
Great Lakes Gas Transmission Limited Partnership PART 1 TABLE OF CONTENTS v.4.0.0 Superseding v.3.0.0 Force Majeure, Remedies, and LiabilityReservation Charge Credits... 6.10 Priorities and Reductions... 6.11 Compliance Plan for Transportation Services and Complaints... 6.12 Miscellaneous... 6.13 Reservation of Capacity for Future Expansion Projects... 6.14 Firm Capacity Release Program... 6.15 Firm Service Agreement Expiration - Right of First Refusal... 6.16 Gas Research Institute Passthrough Provision... 6.17 Annual Charges Adjustment... 6.18 Discounting Policy... 6.19 Construction & Financing of Laterals... 6.20 Periodic Reports... 6.21 Off-System Capacity... 6.22 NAESB Standards... 6.23 Electronic Communications... 6.24 Penalty Revenue Crediting Mechanism... 6.25 Creditworthiness... 6.26 Transporter's Use... 6.27 Form of Service Agreement Service Request Form... 7.1 Credit Application... 7.2 Form of Transportation Service Agreement... 7.3 Form of Market Center Service Agreement... 7.4 Form of Master Service Agreement... 7.5 Form of Award Acknowledgment... 7.6 Negotiated Rate Agreements S.D. Warren Company FT Agreement (#FT12953)... 8.1 Minnesota Power FT Agreement (#FT12954)... 8.2 Non-Conforming Agreements Michigan Consolidated Gas Company FT Agreement (#FT4634)... 9.1 Michigan Consolidated Gas Company FT Agreement (#FT4635)... 9.2
Great Lakes Gas Transmission Limited Partnership PART 1 TABLE OF CONTENTS v.4.0.0 Superseding v.3.0.0 TABLE OF CONTENTS --------------------------------- Sheet Original Volume No. 2 No. --------------------------------------- --------- Preliminary Statement... 2 Map... 3 Transporter's Use Factor - Volume 2, Non-Emerson Services... 3-A Rate Schedule X-1 - Exchange Service... 67 Rate Schedule T-8 - Transportation and Exchange Service... 214 Rate Schedule T-10 - Transportation and Exchange Service... 237 Rate Schedule T-9 - Transportation and Exchange Service... 259 Index of Customers... 1000
Great Lakes Gas Transmission Limited Partnership PART 5.1.4.1 5.1.4.1- Rate Schedule FT Firm Service v.2.0.0 Superseding v.1.0.0 5.1.4.1 Firm Service. (a) Monthly Reservation Fees: 1. Reservation fees shall be paid based upon the currently effective reservation fee rates and the Maximum Daily Quantity for the appropriate zones of service as set forth in Sections 4.1 and 4.2 of this FERC Gas Tariff,. 2. If due to force majeure on its system, as defined in Section 6.10 of the General Terms and Conditions, Transporter is unable to deliver to Shipper the Scheduled Daily Delivery of gas during any one or more Days, the reservation fees of Transporter otherwise computed shall be reduced by an amount equal to the reservation fees calculated on a daily basis times the difference between the quantity of gas actually delivered by Transporter to Shipper during the Day or Days and the quantities tendered for the Day or Days. However, if Transporter's inability to deliver Shipper's Scheduled Daily Delivery is due to the heat content of Gas received by Transporter being below the Btu level at which Shipper's MDQs are based, as specifically stated in Section 6.8 paragraph 1 of the General Terms and Conditions, the reservation fee shall not be reduced by any amount. (b) Utilization Charge: A utilization charge shall be paid for each Dth of gas received from or on behalf of Shipper up to Shipper's MDQ at the point(s) of delivery during the Month pursuant to the Agreement. The appropriate utilization charge for receipt and redelivery in each zone is stated in Sections 4.1 and 4.2 of this,.
Great Lakes Gas Transmission Limited Partnership PART 5.2.4.1 5.2.4.1-Rate Schedule EFT Firm Service v.2.0.0 Superseding v.1.0.0 5.2.4.1 Firm Service. (a) Monthly Reservation Fees: 1. Reservation fees shall be paid based upon the currently effective reservation fee rates and the Maximum Daily Quantity for the appropriate zones of service as set forth in Sections 4.1 and 4.2 of this FERC Gas Tariff,. 2. If due to force majeure on its system, as defined in Section 6.10 of the General Terms and Conditions, Transporter is unable to deliver to Shipper the Scheduled Daily Delivery of gas during any one or more Days, the reservation fees of Transporter otherwise computed shall be reduced by an amount equal to the reservation fees calculated on a daily basis times the difference between the quantity of gas actually delivered by Transporter to Shipper during the Day or Days and the quantities tendered for the Day or Days. However, if Transporter's inability to deliver Shipper's Scheduled Daily Delivery is due to the heat content of Gas received by Transporter being below the Btu level at which Shipper's MDQs are based, as specifically stated in Section 6.8 paragraph 1 of the General Terms and Conditions, the reservation fee shall not be reduced by any amount. (b) Utilization Charge: A utilization charge shall be paid for each Dth of gas received from or on behalf of Shipper up to Shipper's MDQ at the point(s) of delivery during the Month pursuant to the Agreement. The appropriate utilization charge for receipt and redelivery in each zone is stated in Sections 4.1 and 4.2 of this,.
Great Lakes Gas Transmission Limited Partnership PART 5.3.4.1 5.3.4.1-Rate Schedule LFT Limited Firm Transportation Services v.2.0.0 Superseding v.1.0.0 5.3.4.1 Limited Firm Transportation Services. (a) Monthly Reservation Fees: 1. Reservation fees shall be paid based upon the applicable Maximum Daily Quantity and the currently effective reservation fee rates for the appropriate zones of service based on the formula set forth in Section 4.1 of this. 2. If due to force majeure on its system, as defined in Section 6.10 of the General Terms and Conditions, Transporter is unable to deliver to Shipper the Scheduled Daily Delivery of gas during any one or more Days, the reservation fees of Transporter otherwise computed shall be reduced by an amount equal to the reservation fees calculated on a daily basis times the difference between the quantity of gas actually delivered by Transporter to Shipper during the Day(s) and the quantities tendered for the Day(s). However, if Transporter's inability to deliver Shipper's Daily Delivery occurs on a Day when Service was unavailable pursuant to the terms of this rate schedule, the reservation fees shall not be reduced by any amount. Additionally, if Transporter's inability to deliver Shipper's Scheduled Daily Delivery is due to the heat content of Gas received by Transporter being below the Btu level at which Shipper's MDQs are based, as specifically stated in Section 6.8 paragraph 1 of the General Terms and Conditions, the reservation fees shall not be reduced by any amount. (b) Utilization Fees: A utilization fee shall be paid for each Dth of gas received from or on behalf of a Shipper for delivery during the Month pursuant to the Agreement. The appropriate utilization rates for receipt and redelivery in each zone for Service under this Rate Schedule LFT are the same as the corresponding utilization rates under Rate Schedule FT as set forth in Section 4.1 of this.
Great Lakes Gas Transmission Limited Partnership PART 6.10 6.10 - GT&C Force Majeure, Remedies, and Reservation Charge Credits v.2.0.0 Superseding v.1.0.0 6.10 FORCE MAJEURE, REMEDIES, AND LIABILITYRESERVATION CHARGE CREDITS 1. Force Majeure. Neither Shipper nor Transporter shall be liable in damages to the other for any act, omission or circumstances occasioned by or in consequence of: any acts of God, strikes, lockouts, acts of the public enemy, wars, blockades, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, storms, floods, washouts, arrests and restraints of rulers and peoples, civil disturbances, explosions, breakage or accident to machinery or lines of pipe, line freezeups, decline in the Btu level of Gas received by Transporter at any point below the level at which the MDQs of Service Agreements are based, as specifically stated in Section 6.8 paragraph 1 of the General Terms and Conditions, to the effect that Transporter cannot Transport Shipper's Scheduled Daily Delivery, or the binding order of any court or governmental authority which has been resisted in good faith by all reasonable legal means, and any other cause, whether of the kind herein enumerated or otherwise, including legislative, administrative or judicial action which has been resisted in good faith by all legal means, all of which are not reasonably expected and within the control of the party invoking this section, and whether caused or occasioned by or happening on account of the act or omission of one of the parties hereto or some person or concern not a party hereto, not within the control of the party claiming suspension and which by the exercise of due diligence such party is unable to prevent or overcome. A failure to settle or prevent any strike or other controversy with employees or with anyone purporting or seeking to represent employees shall not be considered to be a matter within the control of the party claiming suspension. 2. Remedies. Such causes or contingencies affecting the performance of the Agreement by either party, however, shall not relieve it of liability in the event of its concurring negligence or in the event of its failure to use due diligence to remedy the situation and remove the cause in an adequate manner and with all reasonable dispatch, nor shall such causes or contingencies affecting the performance of this Agreement relieve either party from its obligation to make payments of amounts then due thereunder, nor shall such cause or contingencies relieve either party of liability unless such party shall give notice and full particulars of the same in writing or by fax to the other party as soon as possible after the occurrence relied on. 3. LiabilityReservation Charge Credits. (a) Firm Daily Volume
Great Lakes Gas Transmission Limited Partnership PART 6.10 6.10 - GT&C Force Majeure, Remedies, and Reservation Charge Credits v.2.0.0 Superseding v.1.0.0 As used in this Section 6.10, Firm Daily Volume Shall mean the volume of gas which Transporter is obligated to deliver on a firm basis at Shipper s primary firm delivery point(s) on a Gas Day, based on confirmable nominations for firm service within Shipper s Maximum Daily Quantity. (b) Force Majeure Event If, due to an event of Force Majeure as defined in Section 6.10 of the General Terms and Conditions of this, Transporter is unable to delivery any portion of Shipper s Firm Daily Volume for a period greater than ten (10) consecutive days, then for each day beyond ten (10) days that Transporter so fails to provide service the applicable reservation charges including applicable reservation-based surcharges shall not apply to the quantity of gas not delivered by Transporter within the Shipper s Firm Daily Volume; provided, however, that these charges shall not be eliminated to the extent that the Shipper utilizes secondary point service. However, if Transporter's inability to deliver Shipper's Scheduled Daily Delivery is due to the heat content of Gas received by Transporter being below the Btu level at which Shipper's MDQs are based, as specifically stated in Section 6.8 paragraph 1 of the General Terms and Conditions, the reservation fee shall not be reduced by any amount. Additionally, if Transporter s inability to deliver Shipper s Firm Daily Volume occurs on a Gas Day when service was unavailable pursuant to the terms of Transporter s Rate Schedule LFT, the reservation charges shall not be reduced by any amount. (c) PHMSA For a two-year transitional period beginning March 3, 2014, reservation charge credits associated with outages that are required to comply with orders issued by the Pipeline and Hazardous Materials Safety Administration (PHMSA) pursuant to Section 60139(c) of Title 49 of the United States Code, Chapter 601, shall be calculated in accordance with paragraph b above. Notices of outages pursuant to this section shall identify the specific PHMSA order of requirement with which Transporter is complying. (d) Non-Force Majeure Event Expect as for provided for in paragraphs b and c above, in the event Transporter fails to delivery any portion of Shipper s Firm Daily Volume on any Gas Day under any firm contract, then the applicable reservation charges including applicable reservation-based surcharges shall not apply to the
Great Lakes Gas Transmission Limited Partnership PART 6.10 6.10 - GT&C Force Majeure, Remedies, and Reservation Charge Credits v.2.0.0 Superseding v.1.0.0 quantity of gas not delivered by Transporter within Shipper s Firm Daily Volume; provided, however, that these charges shall not be eliminated to the extent that the Shipper utilizes secondary point service. However, if Transporter s inability to deliver Shipper s Firm Daily Volume occurs on a Gas Day when service was unavailable pursuant to the terms of Transporter s Rate Schedule LFT, the reservation fees shall not be reduced by any amount. (e) Confirmable Nominations Any exemption from crediting for nominated amounts not confirmed, as provided in Section 6.10, paragraphs b, c, and d above, is limited to events caused solely by the conduct of others, such as Shipper or upstream or downstream facility operators not controlled by Transporter. Transporter shall not be liable for damages of any kind, including consequential damages, to Shipper or others, if Transportation Service under this FERC Gas Tariff,, is curtailed for any reason, including repairs, alterations, replacements, or scheduled maintenance. This provision shall not apply, however, to interruptions caused by Transporter's negligence or willful misconduct.