Carolina Gas Transmission Corporation

Original Volume No. 1

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Effective Date: 11/01/2006, Docket: CP06- 71-001, Status: Effective

Original Sheet No. 443 Original Sheet No. 443 : Effective

 

ARTICLE VII

STANDARD OF REVIEW

 

7.1 This Umbrella Service Agreement is based on the Form of Capacity Release

Umbrella Service Agreement included in Pipeline’s Tariff with blank

spaces (for example, in Section 2.1) and Addendums that, when completed,

will describe specific provisions of mutual agreement between Pipeline

and Shipper. The Commission shall apply the “public interest” standard

of review rather than the “just and reasonable” standard of review when

acting on proposals by the Commission on its own motion, or by a

signatory to this Umbrella Service Agreement or a non-signatory, to

modify unilaterally: (1) the types of specific provisions described

above; (2) contract provisions that deviate from the Form of Capacity

Release Umbrella Service Agreement that have been accepted for filing by

the Commission; (3) Section 3.3, which expressly provides for Pipeline’s

right to take certain actions unilaterally (the unilateral actions

themselves being subject to the “just and reasonable” standard of

review); or (4) this Article VII. The standard of review the Commission

shall apply when acting on unilateral modifications regarding all other

provisions of this Umbrella Service Agreement that are proposed by the

Commission on its own motion, or by a signatory to this Umbrella Service

Agreement or a non-signatory, shall be the “just and reasonable” standard

of review rather than the “public interest” standard of review.

 

 

ARTICLE VIII

FUTURE CHANGES

 

8.1 Except as otherwise set forth herein, no modification of or supplement to

the terms and provisions hereof shall become effective except by the

execution of a supplementary written agreement between the parties.