Columbia Gas Transmission LLC

Third Revised Volume No. 1

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Effective Date: 03/03/2009, Docket: RP09-340-000, Status: Effective

Original Sheet No. 332 Original Sheet No. 332

 

GENERAL TERMS AND CONDITIONS (Cont'd)

 

(b) Transporter and Replacement Shipper shall execute the Assignment Agreement in substantially the

form contained in this Tariff; provided that such an Agreement shall be executed electronically where an

executed contract is required within five business days of its transmission by Transporter. That Assignment

Agreement shall contain all terms and conditions of the release and assignment; provided that such terms and

conditions are identical to those set forth in the underlying Release Notice. Where electronic contracting is

required as described immediately above, all Replacement Shippers must have executed an Electronic Contracting

Agreement in accordance with the electronic contracting procedures specified in Section 5.7 of the General

Terms and Conditions. All Replacement Shippers must appear on Transporter's Approved Bidders List, which list

shall indicate Bidders that have executed an Electronic Contracting Agreement. Service will not be provided

unless the Assignment Agreement properly has been executed. If the Replacement Shipper does not execute and

return such Assignment Agreement within two business days of Transporter's tender (or such later date

established by Releasor through notice to Transporter and Replacement Shipper), the bid and Transporter's

offer of an Assignment Agreement shall be void and Transporter will tender an Assignment Agreement to the next

highest acceptable bidder, if any, consistent with the terms of the Release Notice. Except with respect to

prearranged transactions described in Section 14.2(a) above, Replacement Shippers failing to return such

agreement shall be removed from Transporter's Approved Bidders List for six months, or less than six months if

agreed to in writing by the Releasor. Nothing herein shall restrict Releasor from pursuing any other remedies

it may have against a Replacement Shipper failing to execute and return an Assignment Agreement tendered by

Transporter.

 

14.6 Implementation; Receipt and Delivery Points. Following acceptance of a bid for assignment and

execution of an assignment agreement, Transporter will accept nominations or requests for alternate receipt or

delivery points for the assigned capacity. Replacement Shippers may submit nominations to Transporter in the

next available nomination cycle, as specified in Section 6.2(e) of the General Terms and Conditions. In the

event Shipper has not executed the Assignment Agreement prior to making its nomination, Shipper will be deemed

to have executed the Assignment Agreement with Transporter pursuant to which the nomination is being made.

Replacement Shippers may not, however, exercise flexible receipt and delivery point authority at primary

points unless such exercise is agreed to in writing by Releasor. Quantities flowing under assigned service

rights shall have the same priority as those quantities had under the applicable underlying service agreement

originally entered into by Releasor and Transporter, and that priority shall be unaffected by whether or not

the assignment is subject to recall, as described at Section 14.7 below.

 

14.7 Recall; Reassignment of Assigned Service Rights.

 

(a) Agreements Subject to Recall. Releasors shall be permitted to specify as a condition for

releasing capacity the right to recall that assigned capacity upon notice to Transporter and to Replacement

Shipper. Any such recall provision must be included in the Release Notice originally submitted by Releasor

and in the assignment agreement executed following assignment of the capacity. The Release Notice and the

assignment agreement governing the assigned capacity shall clearly state (i) the frequency with which Releasor

may recall any released capacity, (ii) the maximum duration of any such recall, (iii) whether and under what

conditions any right of first refusal held by Releasor is transferred to Replacement Shipper, and (iv) such

other terms as Releasor may specify. Replacement Shipper shall be permitted to make secondary assignments of

all or any part of the capacity, unless prohibited by the Releasor, contained in its assignment agreement that

is subject to Releasor's right to recall, provided, however, that such assignments shall not vary the recall

provisions contained in the original assignment.