Dominion Transmission, Inc.

Third Revised Volume No. 1

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Effective Date: 03/01/2009, Docket: RP09-277-000, Status: Effective

Third Revised Sheet No. 1153 Third Revised Sheet No. 1153

Superseding: Substitute Second Revised Sheet No. 1153

 

GENERAL TERMS AND CONDITIONS

Capacity Release

 

d. In the event of partial payments by Replacement

Customer, funds will first be used to pay reservation

charges and related surcharges, whether owed to

Pipeline or to Releasing Customer.

 

3. For release transactions: (1)effective prior to July 30, 2008,

and those (2)effective on or after July 30, 2008, with a term

greater than one year which provide for a rate between the

applicable minimum and maximum rates, refunds will be allocated

first to Replacement Customer, to the extent required. To the

extent that Pipeline owes refund amounts attributable to the

release transaction in excess of the amounts refunded to

Replacement Customer, then Pipeline will make such refunds to

Releasing Customer.

 

4. For release transactions effective on or after July 30, 2008,

with a term of one year or less, which are not subject to the

maximum rate cap, the rate paid by the Replacement Customer

will be deemed a final rate and will not be subject to refund.

 

C. Upon mutual agreement between Pipeline and Releasing Customer, Pipeline will

not bill Replacement Customer but will bill Releasing Customer for charges

under this Section, and Releasing Customer may bill Replacement Customer;

provided, however, that: (1) Releasing Customer must post such arrangement

in its Release Notice; and (2) Releasing Customer is liable for all charges

owed to Pipeline to the extent of its agreement with Replacement Customer,

and Replacement Customer has no liability to Pipeline for such charges.

 

D. Upon thirty (30) days written notice to Releasing Customer and Replacement

Customer(s) that Releasing Customer's Service Agreement will be terminated,

and provided that Releasing Customer's Service Agreement is subsequently

terminated pursuant to such notice, Pipeline may elect to terminate any

Replacement Customer's Capacity Release Agreement if (1) the rate(s) stated

in that Replacement Customer's Capacity Release Agreement is less than the

rate(s) set forth in the Releasing Customer's Service Agreement and (2) the

Replacement Customer has not, prior to the expiration of the notice period,

executed an amendment to such Replacement Customer's Capacity Release

Agreement, agreeing to pay, beginning the first day after the end of the

notice period and for the remainder of the term of the Replacement Customer's

Service Agreement provided the Releasing Customer's Service Agreement is

terminated, the lesser of (a) the Releasing Customer's contract rate(s), (b)

the maximum tariff rate(s) for the service, or (c) the mutually agreed upon

rate(s). To the extent the Replacement Customer's capacity is obtained

through the provisions of Section 11.A.4.G (Market Center Segmentation) of

the GT&C, Pipeline may elect to terminate a Replacement Customer's Capacity

Release Agreement if (1) the revenues from the rates stated in that

Replacement Customer's Capacity Release Agreement are less than the revenues

using the maximum reservation and usage charges for the Releasing Customer's

contracted for service and (2) the Replacement Customer has not, prior to the

expiration of the notice period, executed an amendment to such Replacement

Customer's Capacity Release Agreement, agreeing to pay, beginning the first

day after the end of the notice period and for the remainder of the term of

the Replacement Customer's Service Agreement provided the Releasing

Customer's Service Agreement is terminated, for the full combined Access

Segment and Delivery Segment capacity, the lower of (a) the revenues derived

from the Releasing Customer's Service Agreement, (b) the revenues derived

from the maximum tariff rate(s) applicable to the Releasing Customer's

capacity in its Service Agreement, or (c) as mutually agreed. To the extent

two or more Replacement Customers have obtained capacity from Releasing

Customer through Section 11.A.4.G and more than one has agreed to execute a

Service Agreement amendment setting forth the requirements described herein,

Pipeline shall allocate the Releasing Customer's Capacity to such Replacement

Customers in proportion to the maximum contractual quantities stated in the

Capacity Release Agreement.