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. 392 Original Sheet No. 392
GENERAL TERMS AND CONDITIONS (Cont'd)
42. Contract Demand Reduction Option
(a) Any Shipper receiving service under a firm transportation and/or storage Service Agreement(s)
with Transporter (whether the service is provided at a Negotiated Rate, Recourse Rate, or a discount to the
Recourse Rate) with a remaining term of at least five years, and any Shipper that will receive service under a
firm transportation and/or storage Service Agreement with Transporter (whether the service is provided at a
Negotiated Rate, Recourse Rate, or a discount to the Recourse Rate) with an initial term of at least five
years, may mutually agree with Transporter to obtain a right to a contract demand reduction ("Reduction
Option") in its Service Agreement(s) upon the occurrence of "Regulatory Restructuring" as defined below. Once
mutually agreed to and inserted in its Service Agreement(s), a Shipper may exercise its Reduction Option at
any time all of the prerequisite terms and conditions set forth below are met. A contract demand reduction as
that term is used in this Section 42 means, for firm transportation service agreements, a "Transportation
Demand" reduction and, for firm storage Service Agreements, a "Storage Contract Quantity" and "Maximum Daily
Storage Quantity" reduction. For purposes of this Section 42, the following definition and associated terms
and conditions of Shipper eligibility apply:
Regulatory Restructuring: Regulatory Restructuring is defined as an event in which a local
distribution company Shipper is required by a final order of a state regulatory agency with
authority to regulate the rates and services of such local distribution company Shipper ("State
Commission") to provide separate merchant and transportation services pursuant to a retail
access or competitive choice program, and both of the following events occur: (1) such State
Commission does not approve a mechanism which provides Shipper the opportunity to recover fully
all costs incurred by Shipper under Shipper's Service Agreement(s), notwithstanding Shipper's
reasonable efforts to seek State Commission approval of a mechanism that allows Shipper the
opportunity to recover such costs; and (2) the Shipper is unable to fully recover all of its
costs by releasing such Service Agreement(s), including any existing discounted or negotiated
rate agreements, pursuant to the capacity release provisions of Transporter's Tariff in whole
or in part, at both the rate provided for under the Service Agreement(s) (or a greater rate)
and for the full remaining term of that service agreement(s). The contract demand of an
individual Service Agreement subject to reduction under this Regulatory Restructuring reduction
provision shall be that portion as to which the State Commission denies Shipper cost recovery
and which portion cannot be released or assigned at the rates provided under such Service
Agreements (or a greater rate) and for the full remaining term of that Service Agreement(s). If
a local distribution company Shipper is also served by other natural gas pipelines in addition
to Transporter, the contract demand subject to reduction on Transporter shall be a pro rata
amount based on the respective levels of firm transportation service that Shipper holds on
Transporter and such other natural gas pipelines; provided, if a local distribution company
Shipper can show (1) that it entered into a Service Agreement(s) with another pipeline solely
to transport supplies to a location unrelated to load lost as a result of Regulatory
Restructuring and (2) that the Shipper has never used the Service Agreement(s) with the other
pipeline to supply the load lost as result of Regulatory Restructuring, then the capacity
associated with such Service Agreement(s) will be excluded from the pro-rata calculation.
(b) If a Regulatory Restructuring Reduction Option is implemented pursuant to Section 42(a), Shipper
must implement the Reduction Option under its firm storage Service Agreement(s) and its related firm
transportation Service Agreement(s) on a proportionate basis so that storage service quantities, including
storage capacity and deliverability quantities, and related transportation service quantities, remain
proportionately the same. In addition, unless otherwise agreed to by Transporter and Shipper, Shipper may only
implement a Reduction Option under its firm storage Service Agreement(s) and its related firm transportation
Service Agreement(s) to be effective as of March 31 of any given Service Agreement year.