GENERAL TERMS AND CONDITIONS
(CONTINUED)
22.4 In order to maintain and expand service and utilization of
Transporter's system, Transporter may negotiate Agreements
with Shippers in connection with which Transporter could
make a contribution in aid of construction (CIAC) to the
Shipper. The Shipper would use such funds to assist in the
development of its natural gas related facilities. For any
newly agreed to CIAC, Transporter will post on 1LineSM for a
period of thirty (30) days (1) the amount of the CIAC, (2)
the name of the Shipper receiving the CIAC, and (3) the
economic feasibility of the CIAC. Such CIACs are includible
in Transporter's jurisdictional rate base and amortizable.
All CIACs entered into pursuant to this provision shall be
subject to review and challenge by the Commission and all
parties in a general rate case requesting inclusion of such
costs.
23. PERIODIC RATE ADJUSTMENTS
Transporter and Shipper recognize that Transporter will from time
to time experience changes in costs related to providing service
under this Tariff, including, but not limited to, changes in the
cost of labor, benefits, materials and supplies, taxes, required
rate of return, costs associated with the resolution of past
disputes or outstanding uncertainties concerning amounts owed by
Transporter or Shipper or attributable to Transporter or Shipper,
and costs generated by decisions of the Commission, the courts or
by an arbitration panel or other body having jurisdiction over
Transporter. Transporter and Shipper further recognize that it
may be appropriate, equitable and consistent with cost
responsibility to allocate such costs among Shippers based on or
taking into account past period factors, such as contract demand
levels, throughput or other factors related to a prior period of
time. Shipper agrees that Transporter shall have the right from
time to time to make rate change filings which may include such
costs and utilize an allocation methodology based in whole or in
part on factors related to past periods. Shipper shall have the
right to intervene and protest any such filing.
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