If a User or
Prospective User claims it has funded the construction of all or part of a
Covered Pipeline, either directly or by agreeing to pay the Service Provider a
higher charge than it would have paid in the absence of such a capital
contribution, then in making a decision the Arbitrator must:
consider whether the User or Prospective User did make a capital contribution
to the construction of all or part of the Covered Pipeline; and
consider the extent to which the User or Prospective User has recouped any
such capital contribution.
If the Arbitrator
considers that the User or Prospective User has made a capital contribution
which has not been fully recouped, the Arbitrator’s decision under
section 6.7 or section 6.13 may require the Service Provider to provide the
Service at a Tariff set in a way that allows the User or Prospective User to
recoup some or all of the unrecouped portion of the capital contribution.