Algonquin Gas Transmission, LLC

Fifth Revised Volume No. 1

 Contents / Previous / Next / Main Tariff Index

 

 

Effective Date: 11/30/2009, Docket: RP10-77-000, Status: Effective

Second Revised Sheet No. 532 Second Revised Sheet No. 532

Superseding: First Revised Sheet No. 532

 

GENERAL TERMS AND CONDITIONS

(continued)

 

14. CAPACITY RELEASE

 

14.1 General. This Section 14 sets forth the sole means by which a Customer under any

firm, open-access Part 284 Service Agreement ("Releasing Customer") may release its

capacity rights under a Service Agreement ("Existing Service Agreement"). Subject to

the following provisions, firm capacity rights shall be released to Algonquin for

resale by it on a firm basis. This Section 14 is not applicable to any Customer

whose Service Agreement has been executed pursuant to an individually certificated

service.

 

14.2 Capacity Eligible for Release. A Customer under any firm rate schedule under Part

284 may release all or a part of its capacity under an Existing Service Agreement, on

a full Day or a partial Day basis, on a permanent or temporary basis, subject to

recall if so specified. A Releasing Customer may propose a Customer ("Prearranged

Customer") to obtain the Releasing Customer's released capacity, provided the

Prearranged Customer is an Approved Bidder, as set forth in Section 14.3 below.

 

In addition to releasing a portion of all capacity rights under a firm service

agreement under Rate Schedules AFT-1, AFT-E, AFT-1S, AFT-ES and AFT-CL, capacity

rights under these rate schedules may be released in discrete packages representing

all or a fraction of the firm (within Base Flow Path) capacity rights in any segment

of Algonquin's system, subject to the provisions regarding overlapping segments set

forth in Section 48.1(B) of the General Terms and Conditions. Releasing Customers and

Replacement Customers shall not have rights through this Section 14.2 to use

overlapping segments where, in the overlapped portion, the total capacity released and

scheduled exceeds the MDTQ for the original Service Agreement.

 

14.3 Approved Bidders. To qualify as an Approved Bidder, a party must have been accepted

by Algonquin as satisfying the credit standards of Section 3 of these General Terms

and Conditions and must continue to satisfy the credit standards of Section 3 when

its bid is made and accepted. Algonquin shall process applications for credit

approval with diligence. Names of Approved Bidders shall be placed on a list that is

posted on the LINK® System. Any previously listed Approved Bidder that fails to

continue to satisfy the standards of Section 3 shall be deleted from the list of

Approved Bidders. Algonquin will waive the creditworthiness requirement on a non-

discriminatory basis for Replacement and Prearranged Customers and permit them to

submit bids, if the Releasing Customer provides Algonquin with a guarantee or other

form of credit assurance in form and substance satisfactory to Algonquin of the

financial obligations of the Replacement or Prearranged Customer with respect to the

capacity being released by Releasing Customer for the specific transaction guaranteed

by the Releasing Customer prior to the commencement of service to the Replacement or

Prearranged Customer.

 

14.4 Release Procedures.

 

(a) Notice by Releasing Customer. A Releasing Customer wanting to release capacity

shall notify Algonquin via the LINK® System or, where applicable, by electronic

data interchange (hereinafter called "Releasing Customer's Notice"). Releasing

Customer's Notice may include reasonable terms and conditions that are

objectively stated, not contrary to any applicable provision of these General

Terms and Conditions, applicable to all potential bidders, and non-

discriminatory, and shall include the following: