East Tennessee Natural Gas, LLC
Third Revised Volume No. 1
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Effective Date: 03/01/2009, Docket: RP08-487-002, Status: Effective
Substitute Original Sheet No. 315B.05 Substitute Original Sheet No. 315B.05
GENERAL TERMS AND CONDITIONS (Continued)
5.8 Allocation of Firm Capacity (continued)
(b) Expansion Capacity (continued)
(3) To the extent Transporter has (i) available capacity
or (ii) capacity under expiring or terminating service
agreements where such capacity is not subject to a
right of first refusal or shipper does not exercise
its right of first refusal, Transporter reserves the
right, but shall not be obligated, to reserve such
capacity for a future expansion project. Transporter
may reserve capacity for a future expansion project
for which an open season has been held or will be held
within twelve (12) months of the date that Transporter
posts such capacity as being reserved. Any capacity
reserved pursuant to this Section 5.8(b)(3) must first
be posted as available capacity on Transporter's Web
Site for at least five (5) Business Days. Such
posting will indicate that Transporter plans to
reserve the posted capacity for a future expansion
project to the extent that the posted capacity is not
acquired by Shippers or potential Shippers during the
open season for capacity to be reserved.
Any minimum terms and conditions imposed in an open
season for capacity to be reserved must not materially
differ so as to be more restrictive than the terms and
conditions imposed in the expansion project open
season. In the event that a subsequent expansion
project open season imposes minimum terms and
conditions that are materially different from the
minimum terms and conditions imposed for the reserved
capacity open season, Transporter shall hold another
open season for the reserved capacity that uses the
same minimum terms and conditions as were imposed for
the expansion project open season.
Any capacity reserved under this Section 5.8(b)(3) may
be reserved for up to twelve (12) months prior to the
time Transporter files for certificate approval for
proposed construction of a related project and
thereafter until all expansion facilities are placed
into service. Any capacity reserved under this
Section 5.8(b)(3) shall be made available, pursuant to
the provisions of Section 5.8(c) of these General
Terms and Conditions, for transportation service on an
interim basis up to, but not including, the in-service
date of the related expansion project(s). For such
interim service, Transporter reserves the right to
limit any Shipper's renewal rights that might
otherwise apply to such service, including Shipper's
right of first refusal, if applicable. Any capacity
reserved for a future expansion project that does not
go forward for any reason shall be reposted as
generally available within thirty (30) days of the
date the capacity becomes available.