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 Fifth Revised Sheet No. 355 Substitute Fifth Revised Sheet No. 355

Superseding: Fifth Revised Sheet No. 355

 

GENERAL TERMS AND CONDITIONS (Continued)

 

(m) Replacement Shippers may not change Primary Delivery Points or otherwise

alter the underlying agreement unless agreed to by the Releasing Shipper.

Replacement Shippers may use Secondary Delivery Points.

 

(n) All transportation rights released hereunder shall be scheduled and

curtailed as firm transportation service under Section 15 of these General

Terms and Conditions. Interruption or curtailment of such released service

shall be in accordance with interruption or curtailment of firm service

under this Tariff and as prescribed by the terms of the release.

 

(o) In addition to releasing a portion of all capacity rights under a firm

service agreement under Rate Schedule FT-A, capacity rights under Rate

Schedule FT-A may be released in discrete packages representing all or a

fraction of the firm (within Contract Path) capacity rights in any segment

of Transporter's system as provided in Section 19.2 of the General Terms

and Conditions, provided, however, that the sum of capacity released and

scheduled in any segment cannot exceed the MDTQ that the Releasing Shipper

originally contracted for in that segment. Releasing Shippers and

Replacement Shippers shall not have rights through this Section 17.13(o) to

use overlapping segments where, in the overlapped portion, the total

capacity released and scheduled exceeds the original MDTQ.

 

(p) For releases that become effective on or after July 30, 2008, the rate paid

by a Replacement Shipper in any capacity release transaction with a term of

one (1) year or less which is not subject to the maximum rate cap will be

deemed to be a final rate and is not subject to refund if the effective

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

Transporter was notified of the release.

 

17.14 Partial Day Release Quantity

 

(a) The daily contractual entitlement that can be released by a Releasing

Shipper for a partial Day release is limited to the lesser of:

(i) the quantity contained in the Release Request submitted by the

Releasing Shipper; or

(ii) a quantity equal to the difference between the MDTQ for the contract

to be released by the Releasing Shipper and the quantity scheduled

for that period of the Day prior to the effective time of the

release of the capacity, based upon the elapsed-prorated-scheduled

quantity.

 

This allocated daily contractual entitlement shall be used for purposes of

nominations, billing, and if applicable, for overrun calculations.

 

(b) If on the Day of a partial Day release the Releasing Shipper's existing

Scheduled Quantity exceeds the MDTQ remaining on the original contract

after the award of the partial Day release, then the Releasing Shipper must

reduce its nominated quantity to a quantity that is equal to or less than

the MDTQ remaining on the original contract.