Eastern Shore Natural Gas Company

Second Revised Volume No. 1

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Effective Date: 03/01/2009, Docket: RP09-337-000, Status: Effective

Third Revised Sheet No. 200 Third Revised Sheet No. 200

Superseding: Second Revised Sheet No. 200

 

EASTERN SHORE NATURAL GAS COMPANY

GENERAL TERMS AND CONDITIONS

(Continued)

 

29. Capacity Release (Continued)

 

(o) Execution of Service Agreements

 

(1) Unless otherwise requested in writing by either the

Releasing Shipper or the Replacement Shipper, each

Releasing and Replacement Shipper who is a party to a

Section 29 capacity release transaction for a term

of one (1) year or less, shall be deemed to have

executed a firm Service Agreement or amendment

consistent with TSP?s Form of Service Agreement

pursuant to the applicable Rate Schedule, which such

Service Agreement or amendment shall be effective as

of the date the release commences; provided,

however, (i) the rate shall be consistent with the

Replacement Shipper?s bid; and (ii) the term of the

applicable firm transportation Form of Service

Agreement shall be interpreted consistent with the

term of the release; provided further, the

Replacement Shipper under each capacity release shall

be subject to a separate Service Agreement. TSP,

if requested, shall forward the necessary Service

Agreement(s), amendment(s) or exhibit(s) to the

Service Agreement(s) to the Releasing and

Replacement Shippers. All parties agree not to

contest the validity or enforceability of a firm

Service Agreement or exhibit established pursuant to

this provision and further agree that if introduced

in any judicial, arbitration, mediation or

administrative proceedings, any such firm Service

Agreement or exhibit will be admissible as between

the parties to the same extent and under the same

conditions as other business records.

 

(2) TSP and each Replacement Shipper who receives

capacity pursuant to Section 29 of the General

Terms and Conditions of TSP?s FERC gas Tariff

for a term greater than one (1) year, or Replacement

Shippers that elect to enter into written contracts or

amendments, shall execute a firm Service Agreement

pursuant to the applicable Rate Schedule, where executed

Service Agreement shall be effective as of the date the

capacity release commences. With respect to

Permanent Releases only, upon execution by TSP