Dominion Cove Point LNG, LP

Original Volume No. 1

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Effective Date: 03/01/2009, Docket: RP09-293-000, Status: Effective

Fourth Revised Sheet No. 247 Fourth Revised Sheet No. 247

Superseding: Substitute Third Revised Sheet No. 247

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

10. RELEASE AND ASSIGNMENT OF SERVICE RIGHTS (Continued)

 

(d) Contracting (Continued)

 

(iii) 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 Operator owes refund amounts attributable to

the release transaction in excess of the amounts refunded to Replacement

Customer, then Operator will make such refunds to Releasing Customer.

 

(iv) 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 Customers will be deemed a final rate and will

not be subject to refund.

 

(v) 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, Operator 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 segmentation of the Releasing Customer's

capacity, Operator may elect to terminate a Replacement Customer's Capacity

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

Capacity Release Agreement is less than the rate(s) for the full capacity

path of 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, the lower of (a) the Releasing Customer's contract

rate(s) for the full capacity path, (b) the maximum tariff rate(s)

applicable to the Releasing Customer's full capacity path, or (c) the

mutually agreed upon rate(s). Nothing herein shall require Operator to

permit a Replacement Customer under a segmented capacity release to retain

its geographic segment of capacity. To the extent two or more Replacement

Customers have obtained segmented capacity from Releasing Customer and more

than one has agreed to execute a Service Agreement amendment setting forth

the requirements described herein, Operator shall allocate the Releasing

Customer's Capacity to such Replacement Customers in proportion to the

maximum contractual quantities stated in the Capacity Release Agreement.