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. 368 Substitute Second Revised Sheet No. 368
Superseding: Second Revised Sheet No. 368
GENERAL TERMS AND CONDITIONS (Continued)
(f) Notwithstanding anything herein to the contrary, all Releasing Shippers
that release capacity on a temporary basis shall remain responsible for
payment on all demand charges for released storage; provided, however, that
Transporter and Shipper may, in connection with their agreement to a
Negotiated Rate under a firm storage 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 Subsection (f) 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.
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 Storage Service
Agreement. 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 Release 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. 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 receipt of Transporter's invoice. Releasing Shipper
shall be responsible for obtaining reimbursement for any such payment from
Replacement Shipper. Failure of either the Replacement Shipper or
Releasing Shipper to pay bills shall entitle Transporter to exercise the
remedies available under the applicable service agreements and this FERC
Gas Tariff, including suspension of service to the Releasing Shipper and
the Replacement Shipper, as well as any other remedies available to
Transporter.
(g) Except in the case of a permanent release, the Replacement Shipper's
service under a Released Storage Service Agreement shall be subject to and
governed by the terms and conditions of the Releasing Shipper's LNGS
Agreement, the LNGS Rate Schedule, and the Released Storage Service
Agreement.
(h) Except in the case of a permanent release, any increase in Transporter's
rates, charges, and surcharges shall remain the responsibility of the
Releasing Shipper; provided, however, that the Releasing Shipper may
provide in its Release Request for the rates, charges or surcharges for
released storage rights to increase in accordance with such increase in
Transporter's rates, charges, and surcharges. Any refunds of any rates or
charges ordered by the Commission shall be paid by Transporter to the
Releasing Shipper.
(i) 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.
18.14 Transporter's Rights to Terminate Temporary Capacity Releases.
(a) In the event of a temporary release for which (1) the Releasing Shipper no
longer satisfies Transporter's credit requirements as outlined in Section 6
of Transporter's General Terms and Conditions and (2) the reservation
charge specified in the effective Exhibit R to the Released Storage Service
Agreement is less than the level of the reservation charge which the
Releasing Shipper was obligated to pay Transporter (or, if the releasing