East Tennessee Natural Gas, LLC

Third Revised Volume No. 1

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Effective Date: 01/01/2009, Docket: RP09-76-001, Status: Effective

Substitute Second Revised Sheet No. 351 Substitute Second Revised Sheet No. 351

Superseding: Second Revised Sheet No. 351

 

GENERAL TERMS AND CONDITIONS (Continued)

 

(ii) prior to the commencement of service, the Pre-arranged Bidder

enters into a Released Transportation Service Agreement with

Transporter incorporating the information required by Section

17.11(b)(i) and establishing creditworthiness in accord with the

same standards and procedures as provided for Bidders in Section

17.5.

 

(c) Asset Management Arrangement: Prior posting on the LINK® System and competitive

bidding will not be required if the proposed capacity release is to an asset

manager, as defined in Section 284.8(h)(3) of the Commission's regulations,

regardless of the term of the proposed capacity release.

 

(d) Retail Access Program: Prior posting on the LINK® System and competitive bidding

will not be required if the proposed capacity release is to a marketer

participating in a state-mandated retail access program, as defined in Section

284.8(h)(4) of the Commission's regulations, regardless of the term of the proposed

capacity release.

 

17.12 Marketing of Released Capacity - Transporter shall have no obligation to market

any capacity available to be released by a Releasing Shipper. Transporter,

however, may agree to market capacity for a Releasing Shipper and may negotiate

a fee with the Releasing Shipper for such service. Any marketing services

rendered by Transporter will be provided on a non-discriminatory basis.

 

17.13 Further Conditions on Release of Transportation.

 

(a) Persons participating in this release program agree to be bound by and

shall comply with the terms and conditions of this FERC Gas Tariff, and

all applicable Commission rules, orders and regulations.

 

(b) All terms and conditions in all Release Requests must be objectively

stated, applicable to all Bidders and non-discriminatory.

 

(c) The minimum term for release can be less than one Day and the maximum

term shall not extend beyond the remaining term of the Releasing

Shipper's transportation service agreement.

 

(d) The maximum rates for any release shall be the applicable maximum

reservation charge and usage charge, as well as all other applicable

rates, charges, and surcharges set forth in this FERC Gas Tariff,

notwithstanding any discount to such rates, charges or surcharges then

in effect for the Releasing Shipper; provided, however, for releases

that become effective on or after July 30, 2008, the rate for any

capacity release transaction with a term of one (1) year or less may

exceed the maximum tariff rate for the applicable service if the

effective date of the release is on or before one (1) year from the date

on which Transporter is notified of the release.

 

(e) All terms and conditions of all releases must be consistent with the

terms and conditions of the Releasing Shipper's transportation service

agreement and with this FERC Gas Tariff, including the provisions on

nominations and scheduling of transportation and curtailment of service.