Centerpoint Energy Gas Transmission Company
Sixth Revised Volume No. 1
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Effective Date: 01/01/2010, Docket: RP10-206-000, Status: Effective
First Revised Sheet No. 560A First Revised Sheet No. 560A
Superseding: Substitute Original Sheet No. 560A
GENERAL TERMS AND CONDITIONS
(continued)
19. CAPACITY RELEASE (continued)
19.12 Transporter's Right to Terminate a Temporary Release. Transporter
may elect to terminate a temporary replacement Shipper's Service
Agreement(s) upon thirty (30) Days' written or electronic notice,
under the following conditions:
(a) (i) The releasing Shipper has failed to make payment when
due under any or all of its Service Agreement(s)
and/or has failed to maintain solvency or demonstrate
creditworthiness (or provide good and sufficient
security) in accordance with the provisions of
Transporter's Tariff; and
(ii) Transporter has commenced the termination process in
accordance with the terms of the Tariff; provided,
however, that termination of the replacement
Shipper's Service Agreement shall not occur prior to
termination of the releasing Shipper's Service
Agreement; and/or
(b) The rate the replacement Shipper is obligated to pay under
the release, as determined by the terms of the release and
Transporter's Tariff, is less than the rate under
Transporter's Service Agreement with the releasing Shipper
(or, if the releasing Shipper is paying a negotiated rate,
the sum of all reservation-type and commodity-type charges);
provided, however, that a creditworthy replacement Shipper
can continue an existing capacity release by notifying
Transporter in writing within the notice period that it
agrees to pay a rate for the remainder of the term of
replacement Shipper's Service Agreement that equals the
lower of: (i) the applicable maximum rate; (ii) the same
rate as the releasing Shipper agreed to pay Transporter, or
(iii) a rate mutually agreed to by Transporter and
replacement Shipper. Notification by replacement Shipper of
its agreement to (i) or (ii) shall be deemed to modify the
award of capacity to the replacement Shipper to reflect the
change in terms of the capacity release transaction. Any
such agreement referred to in (iii) above must be finalized
prior to the end of the thirty (30) Day notice period;
and/or