Dominion Transmission, Inc.

Third Revised Volume No. 1

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Effective Date: 04/18/2009, Docket: RP09-461-000, Status: Effective

Third Revised Sheet No. 2151 Third Revised Sheet No. 2151

Superseding: Second Revised Sheet No. 2151

 

FORM OF SERVICE AGREEMENT

APPLICABLE TO THE CAPACITY RELEASE PROGRAM

 

 

ARTICLE II

Rate

 

A. Customer shall pay Pipeline the Reservation Charges specified in each Bid Agreement.

Unless Pipeline has specifically agreed in writing to provide a discounted usage charge for

transportation services rendered pursuant to this Agreement, Customer shall pay Pipeline the

maximum usage rates and charges provided under the Rate Schedule applicable to the Service

Agreement under which Customer has received released capacity, which rates are set forth in

Pipeline's effective FERC Gas Tariff, including applicable surcharges and the Fuel Retention

Percentage.

 

B. Pipeline shall have the right to propose, file and make effective with the FERC or any

other body having jurisdiction, revisions to any applicable rate schedule, or to propose, file,

and make effective superseding rate schedules for the purpose of changing the rate, charges, and

other provisions thereof effective as to Customer; provided, however, that (i) the section

regarding the "Applicability and Character of Service" of the firm service rate schedules under

which Customer has obtained capacity through this Agreement, and (ii) term shall not be subject

to unilateral change under this Article. Said rate schedule or superseding rate schedule and

any revisions thereof which shall be filed and made effective shall apply to and become a part

of this Agreement. The filing of such changes and revisions to any applicable rate schedule

shall be without prejudice to the right of Customer to contest or oppose such filing and its

effectiveness.

 

 

ARTICLE III

Term of Agreement

 

Subject to all the terms and conditions herein, this Agreement shall be effective as of

_____________, and shall continue in effect for a primary term through ____________, and from

year to year thereafter, until either party terminates this Agreement by giving written notice

to the other at least twelve months prior to the start of the next contract year.

 

For Agreements with terms of less than one year or for Agreements not subject to a right

of first refusal as defined in Section 24 of the GT&C, Article III will read:

 

Subject to all the terms and conditions herein, this Agreement shall be effective as of

________, and shall continue in effect for a primary term through ________[, and from month to

month thereafter, until either party terminates this Agreement by giving written notice to the

other at least _____ (choose one, two, three, or twelve) month(s) prior to the expiration of the

Agreement].

 

 

ARTICLE IV

Regulatory Approval

 

Performance under this Agreement by Pipeline and Customer shall be contingent upon

Pipeline and Customer receiving all necessary regulatory or other governmental approvals upon

terms satisfactory to each. Should Pipeline and Customer be denied such approvals to provide or

continue the service contemplated or to construct and operate any necessary facilities therefor

upon the terms and conditions requested in the application, then Pipeline's and Customer's

obligations hereunder shall terminate.