Dominion Transmission, Inc.
Third Revised Volume No. 1
Contents / Previous / Next / Main Tariff Index
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.