East Tennessee Natural Gas, LLC
Third Revised Volume No. 1
Contents / Previous / Next / Main Tariff Index
Effective Date: 01/01/2009, Docket: RP09-76-000, Status: Effective
First Revised Sheet No. 353 First Revised Sheet No. 353
Superseding: Original Sheet No. 353
GENERAL TERMS AND CONDITIONS (Continued)
(g) Subsequent to the posting of the Release Request or the Bid on
LINK®, Transporter may, in its sole discretion, invalidate any
Release Request or any Bid that does not conform in any material
respect to the requirements of this Section 17. Such
invalidated Release Request or Bid shall be deemed null and
void.
(h) Notwithstanding anything herein to the contrary, all Releasing
Shippers that release capacity on a temporary basis shall remain
responsible for payment of all demand charges for released
transportation; provided, however, that Transporter and Shipper
may, in connection with their agreement to a Negotiated Rate
under a firm transportation rate schedule, agree upon Releasing
Shipper payment obligations and crediting mechanisms in the
event of a capacity release that vary from or are in addition to
those set forth herein and in Subsection (i) of this Section;
provided that nothing in the foregoing proviso shall authorize
Transporter or Shipper to violate the Commission's policy with
respect to negotiation of terms and conditions of service. The
Releasing Shipper shall receive a demand credit equal to the
demand dollars which Transporter bills to the Replacement
Shipper. A demand rate for the purposes of this Section
consists of (i) the base demand rate, and (ii) all applicable
surcharges. Any discount from said rate comes first off the
surcharges and then off the base demand rate. Therefore a
Releasing Shipper paying a discounted rate is only entitled to
receive any revenues from the release of its capacity that
exceed the amount of the applicable surcharges.
(i) Transporter shall bill Replacement Shipper in accordance with
Section 16 of the General Terms and Conditions based upon the
rates, charges, and surcharges incorporated in the Exhibit R to
the Released Transportation Service Agreement. The commodity
charges for the Replacement Shipper will include the maximum
commodity rate under the applicable rate schedule including all
adjustments. If the Replacement Shipper fails to pay all or any
portion of any bill by the due date specified on the bill,
Transporter shall send an invoice to the Releasing Shipper for
all unpaid amounts up to the amount of the Releasing Shipper's
reservation charge, which the Releasing Shipper shall pay to
Transporter with interest on the unpaid amount, which interest
shall be calculated from the date that Transporter credited the
Releasing Shipper for the applicable demand charges in accord
with (h) above. The interest rate used in this calculation will
be determined in accordance with Section 154.501(d) of the
Commission's Regulations. Releasing Shipper shall submit the
payment within ten days of