Algonquin Gas Transmission, LLC

Fifth Revised Volume No. 1

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Effective Date: 02/13/2010, Docket: RP10-308-000, Status: Effective

Second Revised Sheet No. 547 Second Revised Sheet No. 547

Superseding: First Revised Sheet No. 547

 

GENERAL TERMS AND CONDITIONS

(continued)

 

14. CAPACITY RELEASE (continued)

 

use other Point (s) of Receipt and Point(s) of Delivery only as allowed under

the applicable rate schedule and Service Agreement. Unless the Release is

permanent and with no rights of recall, the New Service Agreement may not be

amended to change Point(s) of Receipt or Point(s) of Delivery without the

written consent of Releasing Customer.

 

(b) If capacity is released during any Contract Year, the Customer acquiring such

capacity shall have its MATQ reduced for such Contract Year by the quantity

received during such Contract Year prior to the release and associated with the

MDTQ so acquired. If a capacity release terminates during any Contract Year,

the Releasing Customer shall have its MATQ reduced for such Contract Year by

the quantity received during such Contract Year during the period of the

release under the acquiring Customer's agreement.

 

(c) Any Releasing Customer retaining any rights to recall capacity during the term

of the New Service Agreement may exercise such right by providing notification

to Algonquin in accordance with the notice requirements set forth in Section

14.4(h) herein. Algonquin may rely on such notification by the Releasing

Customer, and Releasing Customer shall indemnify Algonquin and hold it harmless

for any liability or costs Algonquin incurs as a result of such reliance, and

the Replacement Customers affected by such recall shall release Algonquin and

hold it harmless for such reliance.

 

(d) Capacity resold under this Section 14, including capacity resold under the

bidding exception of Section 14.10(a), shall be subject to the maximum rates,

including any applicable surcharges, set forth in Algonquin's Statement of

Rates for the