Non-Conforming Provisions. All aspects in which this Agreement deviates from the Tariff, if any, are set forth as non-conforming provisions on Exhibit B. If Exhibit B includes any material non-conforming provisions, Transporter will file the Agreement with the Federal Energy Regulatory Commission (Commission) and the effectiveness of such non-conforming provisions will be subject to the Commission acceptance of Transporter's filing of the non-conforming Agreement.
Non-Conforming Provisions. The following provision, as reflected in the May 1, 1999 amendment to contract 100308, was accepted as non-conforming by the Commission on December 3, 1999 in Docket No. GT00-07;
Non-Conforming Provisions. Sections 154.1(d) and 154.112(b) of the Commission’s regulations require pipelines to file with the Commission contracts that “deviate in any material aspect from the form of service agreement” in the pipeline’s tariff and require that such non-conforming agreements be referenced in the pipeline’s tariff.3 The Agreement includes the following provision in Article IV, “Term of Agreement” that does not conform to Article IV of the Form of Service Agreement for use under Rate Schedule FT in Transco’s Volume No. 1 Tariff: Xxxxxx agrees, upon written request by Xxxxx at least thirteen (13) months prior to the end of the primary term, to extend the term of this agreement for an additional five (5)-year period (“Term Extension”). The TCQ in effect during the primary term shall apply during the Term Extension and the reservation rate that shall apply during the Term Extension shall be (i) Seller’s generally applicable Zone 3 to Zone 2 maximum daily base reservation rate under Rate Schedule FT of Seller’s FERC Gas Tariff, as the same may be revised from time to time, or (ii) such other rate as may be mutually agreed to by Seller and Buyer. Section 44 of the General Terms and Conditions (“GT&C”) of Transco’s Tariff permits Transco and a customer to mutually agree to an extension of the term of a service agreement, and Section 53 of the GT&C, Section 3.5 of Rate Schedule FT, and Section 1 of Article V of the Agreement permit Transco and a customer to agree to a negotiated rate and specified term for that rate. Therefore, the term extension agreement and negotiated rate applicable thereto as set forth in the foregoing provisions are consistent with Transco’s Vol. 1 Tariff.4 Transco requests that the Commission approve the non-conforming provision described above because the deviation does not result in SPL’s receiving a different quality of service from other shippers, nor does it constitute a substantial risk of undue discrimination against other shippers.
Non-Conforming Provisions. 1. Primary Delivery Points The following provision clarifying the pressure obligation at the Moses Lake delivery point originally was added to the Agreement by amendment dated April 1, 1998, as discussed in Transporter’s prior notice application for new Moses Lake delivery facilities filed with the Commission in Docket No. CP98-372 and approved effective June 16, 1998:
Non-Conforming Provisions. Section 154.1(d) of the Commission’s regulations, 18 C.F.R. § 154.1(d), provides that contracts for service pursuant to Part 284 that deviate in any material aspect from the pipeline’s form of service agreement must be filed with the Commission as a non-conforming agreement. The Antero Gas Transportation Agreement contains the following deviations from Tennessee’s revised pro forma Rate Schedule FT-A transportation service agreement (“Pro Forma Agreement”):7
Non-Conforming Provisions. Section 154.112(b) of the Commission’s regulations states that “[c]ontracts for service pursuant to [18 C.F.R. part 284] that deviate in any material aspect from [a pipeline’s] form of service agreement must be filed.”5 In Columbia Gas Transmission Corp., the Commission clarified that a material deviation is contractual language that goes beyond the filling-in of the blank spaces in the pro forma service agreement 2 Dominion Transmission, Inc.; Columbia Gas Transmission, LLC, 153 FERC 61,382 (2015). 3 Natural Gas Pipelines Negotiated Rate Policies and Practices, 104 FERC ¶ 61,134, at P 33 (2003). 4 Id. P 32-33. 5 18 C.F.R. § 154.112(b). and that affects the substantive rights of the parties.6 The Commission determined that material deviations from the pro forma service agreement in a pipeline’s applicable tariff fall into two general categories— those that must be prohibited because they present a significant potential for discrimination among shippers and those that can be permitted without substantial risk of discrimination.7 Columbia submits that all of the provisions of the Eclipse Agreement are either: (1) consistent with Columbia’s Tariff and therefore not materials deviations; or (2) permissible deviations that do not pose a threat of undue discrimination. Xxxxxxxx also informs the Commission that Columbia and Eclipse have agreed to the following non-conforming provisions:
Non-Conforming Provisions. Sections 154.1(d) and 154.112(b) of the Commission’s regulations require pipelines to file with the Commission contracts that “deviate in any material aspect from the form of service agreement” in the pipeline’s tariff and require that such non-conforming agreements be referenced in the pipeline’s tariff.3 The Agreement includes the following provisions in Exhibit C, “Specification of Negotiated Rate and Term” that do not conform to Exhibit C of the Form of Service Agreement for use under Rate Schedule FT in Transco’s Volume No. 1 Tariff: Seller will agree, upon written request by Buyer at least seven (7) months prior to the end of the Primary Term, to extend the term of this Service Agreement for an additional five (5) year period (“First Term Extension”) at the TCQ in effect during the Primary Term and, at the sole election of Buyer, at either (A) the Negotiated Rate, or (B) the total maximum recourse reservation rates and all electric power unit rates, commodity rates and surcharges, all as applicable under Rate Schedule FT of Seller’s FERC Gas Tariff, as the same may be revised from time to time, for firm transportation service under the Rock Springs Project (collectively, the “Recourse Rate”). Seller will agree, upon written request by Xxxxx at least (7) months prior to the end of the First Term Extension, to extend the term of this Service Agreement for a second additional term (“Second Term Extension”) of at least one (1) year at the TCQ in effect during the First Term Extension and at the sole election of Buyer, at either (A) the Negotiated Rate, or (B) the applicable Recourse Rate. If during the term of the Rock Springs Project Precedent Agreement and the first five (5) years of the Service Agreement, Seller provides to any customer similarly situated to Buyer firm transportation service through the Rock Springs Project from the point of receipt set forth on Exhibit A hereto to any point of delivery on
Non-Conforming Provisions. Sections 154.1(d) and 154.112(b) of the Commission’s regulations require pipelines to file with the Commission contracts that “deviate in any material aspect from the form of service agreement” in the pipeline’s tariff, and also require that such non-conforming agreements be referenced in the pipeline’s Volume No. 1 tariff. Attached as Appendix A hereto are copies of the Service Agreements and Amendments and a “redlined” version of the Service Agreements and Amendments which identify the deviations from the current form of service agreement for use under Rate Schedule FT. ConEdison Service Agreement The ConEdison Service Agreement was entered into on September 13, 2000, and amended September 25, 2001, prior to the Commission’s orders clarifying the general standards to be used in determining what constitutes a material deviation requiring that a service agreement be filed pursuant to section 154.112(b) of the Commission’s regulations.4 The ConEdison Service Agreement contains the following deviations from Transco’s current form of service agreement for use under Rate Schedule FT: In Article IV, Term of Agreement the following paragraph was added:
Non-Conforming Provisions. Sections 154.1(d) and 154.112(b) of the Commission’s regulations require pipelines to file with the Commission contracts that “deviate in any material aspect from the form of service agreement” in the pipeline’s tariff, and require that such non-conforming agreements be referenced in the pipeline’s Volume No. 1 tariff.5 The Agreements include provisions, described below, that do not conform to Transco’s pro forma Rate Schedule FT service agreement. Article IV, Term of Agreement, of the Agreements includes the following modification: This agreement shall be effective as of the later of , (year) or the date that all of Seller’s LSE Project facilities necessary to provide firm transportation service to Buyer have been constructed and are ready for service as determined in Seller’s sole opinion… This term provision was negotiated as part of the Project Customers’ participation in the Project and reflected in the Project Customers’ Precedent Agreements. The deviation, which coordinates the service commencement date with the in-service date of the Project facilities by explicitly providing that service will commence when the Project facilities are ready for service, rather than on a “later of” date, does not result in the Project Customers’ receiving a different quality of service from other shippers. 2 Transcontinental Gas Pipe Line Co., LLC, 149 FERC ¶ 61,258 (2014). 3 Alternatives to Traditional Cost-of-Service Ratemaking for Natural Gas Pipelines and Regulation of Negotiated Transportation Services of Natural Gas Pipelines, 74 FERC ¶ 61,076, reh'g and clarification denied, 75 FERC ¶ 61,024 reh'g denied, 75 FERC ¶ 61,066 (1996); Natural Gas Pipeline Negotiated Rate Policies and Practices, 104 FERC ¶ 61,134 (2003). 4 Transcontinental Gas Pipe Line Corp., 76 FERC ¶ 61,318 (1996). 5 Transco will submit in a separate filing a tariff record to its Volume No. 1 Tariff to add the Agreements to the list of non-conforming service agreements. Federal Energy Regulatory Commission October 30, 2015 Exhibit C of the Agreements includes the following language: Seller will agree, upon written request by Xxxxx at least thirteen (13) months prior to the end of the Primary Term, to extend the term of this service agreement for an additional five (5) year period (“First Term Extension”) for all or a portion of the TCQ (as elected by Buyer) in effect during the Primary Term and, at the sole election of Buyer, at either (A) the Negotiated Reservation Rate and all other applicable ...
Non-Conforming Provisions. The AMP ISA contains two sets of provisions that do not conform to the ISA Form. First, Specifications section 2.1 provides for 7 MW of interim Capacity Interconnection Rights during the interim time period from the ISA’s effective date to May 31, 2017 (“interim time period”). The availability and amount of any interim Capacity Interconnection Rights awarded during this interim time period will be dependent upon the completion and results of interim deliverability studies, and such interim Capacity Interconnection Rights will terminate on May 31, 2017. The Commission has accepted for filing other ISAs with similar non-standard language,7 and should do so here. In addition, Schedule F, Schedule of Non-Standard Terms and Conditions, contains provisions related to AEP’s earlier integration into PJM and an Operations and Maintenance Agreement (“O&M Agreement”) between AMP and AEP pursuant to which 6 The AMP ISA also contains Appendices 1 and 2. Appendix 1 contains all of the definitions from section 1 of the PJM Tariff. Appendix 2 contains all of the standard terms and conditions that are set forth in the ISA Form. The appendices attached to the AMP ISA were compiled from a version of the PJM Tariff in effect as of the effective date of the AMP ISA.
