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. 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. Transporter may file this Precedent Agreement and the Firm Service Agreements with FERC as part of any applicable FERC application or filing by Transporter for the Project, as required by applicable FERC regulations. Transporter shall determine which, if any, of the provisions to be included in the Firm Service Agreements may be non-conforming provisions pursuant to Section 154.112(b) of Title 18 of the Code of Federal Regulations and will request FERC approval of any such provisions. If any terms of this Precedent Agreement or the Firm Service Agreements are in any way modified by order, rulemaking, regulation, or policy of the FERC, then Transporter and Customer may mutually agree to amend the applicable agreement(s) to ensure that the original commercial intent of the Parties is preserved. If the Parties cannot achieve mutual agreement, the Parties will proceed under this Precedent Agreement and the Firm Service Agreements as modified by such order, rulemaking, regulation, or policy of the FERC.
Non-Conforming Provisions. The following provision was accepted as a non-conforming provision by the Comission on December 22, 1999 in Docket No. GT00-7: Certain of the General Terms and Conditions are to be adjusted for the purpose of this Agreement, as specified below: Section 14.1(d)(i) is modified to condition 350 Dths of Shipper's primary rights through any constraint point south of the Xxxxxxx Prairie Receipt Point on Exhibit "A" to have a scheduling priority which will be subordinate to the scheduling priority for any firm shipper with unconditional primary corridor rights through such constraint point. O Occidental Energy Marketing, Inc. Rate Schedule TF-1 Service Agreement Contract No. 145058 THIS SERVICE AGREEMENT (Agreement) by and between Northwest Pipeline LLC (Transporter) and Occidental Energy Marketing, Inc. (Shipper) is made and entered into on December 21, 2022 and restates the Service Agreement made and entered into on December 16, 2022.
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 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. 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. 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.
