Dominion Cove Point LNG, LP

Original Volume No. 1

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Effective Date: 08/08/2005, Docket: RP05-506-000, Status: Effective

Original Sheet No. 247A Original Sheet No. 247A : Effective

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

10. RELEASE AND ASSIGNMENT OF SERVICE RIGHTS (Continued)

 

(e) Replacement Customers.

 

(1) Replacement Customers hold the rights granted by Releasing Customer for service by

Operator to nominate quantities of service deliverable at Primary Points identified

by Releasing Customer, at the first available nomination opportunity upon

consummation of the release transaction for the effective date and time of the

contract. Replacement Customers may also use Secondary Points to the extent such

points would otherwise be available to Releasing Customer. After a permanent

release, Replacement Customer may request primary point changes under the

applicable procedures of Operator's FERC Gas Tariff. If a release is not

permanent, Replacement Customer may seek to change primary points under its Service

Agreement, and thereby permanently alter the applicable Service Agreement of

Releasing Customer, only to the extent expressly authorized by Releasing Customer

in the posted notice. Requests to change primary points must comply with all

applicable procedures of Operator's FERC Gas Tariff. In any event, primary Point

changes are subject to the risk that either party will not be able to return to the

original Primary point(s). All primary point changes are subject to Operators

determination that firm capacity is available.

 

(2) Replacement Customers may release the capacity entitlements that were obtained

under this Section, subject to the terms of the original release; provided,

however, that Replacement Customers that obtain capacity on a volumetric basis

shall not be entitled to re-release such capacity.

 

(3) Replacement Customers are subject to all applicable provisions of:

 

(i) Operator's FERC Gas Tariff,

(ii) The firm Service Agreement between Operator and Releasing Customer, and

(iii) Each and every preceding release of the subject capacity.