Algonquin Gas Transmission, LLC

Fifth Revised Volume No. 1

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Effective Date: 01/01/2009, Docket: RP09-97-000, Status: Effective

Third Revised Sheet No. 509 Third Revised Sheet No. 509

Superseding: Second Revised Sheet No. 509

 

GENERAL TERMS AND CONDITIONS

(continued)

 

2. REQUEST FOR TRANSPORTATION SERVICE (continued)

 

2.2 Conditions of Firm Transportation. All firm transportation requests shall be subject to

the following conditions:

 

(a) No request for transportation from a Point of Receipt or to a Point of Delivery

shall be considered valid or be granted if to do so would impair Algonquin's

ability to render existing services pursuant to Algonquin's firm service rate

schedules.

 

(b) Subject to the provisions of (a) above, any amendment to any firm service

agreement or exhibit to add or change Point(s) of Receipt or Point(s) of Delivery

that requires additional capacity pursuant to an applicable firm rate schedule

will be addressed in accordance with Sections 2.4 and 2.5.

 

(c) In certain situations, Algonquin may use an accounting meter number to represent a

physical location on its pipeline system. A Point of Receipt and/or a Point of

Delivery identified on Customer's executed service agreement(s) may be designated

in the LINK® System by means of an accounting meter number and description that

differs from the physical meter number and description specified on the service

agreement. The same rights and obligations exist for both Algonquin and Customer

regardless of whether a location is identified in Customer's executed service

agreement by means of a physical meter number or an accounting meter number.

 

2.3 Execution of Service Agreement and Amendments. A service agreement and/or an amendment

to an existing service agreement shall be executed, as specified in this Section 2.3, by

Customer and Algonquin following the completion of the approval process.

 

(a) All interruptible service agreements, all interruptible service agreement

amendments, firm service agreements with a term of one (1) year or less and all

amendments for firm service agreements with a term of one (1) year or less shall

be executed electronically via the LINK® System by Customer and Algonquin; any

agreement that is executed in full utilizing electronic transmission through the

LINK® System is a valid and enforceable contract that is binding on all parties.

All firm service agreements with a term of more than one (1) year and all

amendments to firm service agreements with a term of more than one (1) year shall

be executed in writing. A Service Agreement shall be executed and, if executed in

writing returned to Algonquin, within fifteen (15) days of the tender of a service

agreement by Algonquin. In the event Customer fails to submit a valid nomination

for transportation pursuant to an interruptible service agreement within ninety

(90) days after the later of (i) the date service is to commence, (ii) the date

the service agreement is fully executed by Customer and Algonquin, or (iii) the

date that the facilities, if any, to be constructed are ready for service, the

service agreement and the corresponding transportation request for service shall

be considered null and void.