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.