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
Second Revised Sheet No. 369 Second Revised Sheet No. 369
Superseding: First Revised Sheet No. 369
GENERAL TERMS AND CONDITIONS (Continued)
the term of the Exhibit one of the following: (i) the reservation and
commodity charges at levels which the Releasing Shipper was obligated to
pay Transporter, (ii) the applicable maximum tariff rate, or (iii) such
rate as mutually agreed to by Transporter and Replacement or Prearranged
Shipper. Shipper may elect to pay the lesser of the foregoing three
options. Transporter's right to terminate the Exhibit is subject to
Transporter providing written notice of termination to the Replacement or
Prearranged Shipper within 60 Days of the determination by Transporter that
the Releasing Shipper no longer satisfies Transporter's credit
requirements. Termination of the Exhibit shall not occur prior to
termination of the Releasing Shipper's contract.
(b) In the event that a Shipper has received 30 Days' notice of termination of
the Exhibit R to the Released Storage Service Agreement pursuant to Section
18.14(a) above and there is gas remaining in Shipper's Storage Balance at
the end of such 30-Day period, the Exhibit shall continue in force and
effect for the sole purpose of withdrawal and delivery of said gas to
Shipper until Shipper's Storage Balance is zero. Transporter shall require
Shipper to withdraw each Day a quantity equal to the Maximum Daily LNGS
Quantity, or such other lesser quantity acceptable to Transporter. The
requirement to withdraw storage quantities shall be suspended on any Day to
the extent that Transporter cannot accommodate a nomination to withdraw
such storage quantities on such Day. Shipper may also transfer title of
gas remaining in Shipper's Storage Balance to another Shipper pursuant to
Section 8 of Rate Schedule LNGS, provided such other Shipper has an
executed service agreement under Rate Schedule LNGS and that such transfer
does not cause such other Shipper to exceed its Maximum Winter Season LNGS
Quantity as specified in such service agreement.
In the event Shipper fails to withdraw its entire Storage Balance within
the time required by this section, Transporter shall auction any remaining
Storage Balance pursuant to the timeline specified in Section 48 of these
General Terms and Conditions and shall credit the proceeds of such sale to
Shipper, net of fuel, if applicable. Shipper shall indemnify Transporter
and hold it harmless from all costs, damages, and liabilities arising out
of the failure of Shipper to remove such Storage Balance and the disposal
of such Storage Balance by sale by Transporter. Transporter reserves the
right to reject all bids submitted in response to the auction When the gas
is purchased at auction, Shipper purchasing the gas must provide
identification of the existing transportation service agreement with
Transporter under which Shipper shall nominate, transport and deliver all
gas by the end of the Month following the Month in which the gas is
purchased. Shipper purchasing the gas agrees to pay the applicable
transportation rate and the current LNGS rate for storage on the average
daily balance for each Month applicable to the period beginning when the
bid was accepted at auction and ending when the quantity of gas is
delivered. Shipper purchasing the gas further agrees that the gas is
subject to cash-out provisions, prospectively from the date of Shipper's
purchase, at the Point(s) of Delivery, net of the accumulated LNGS charge
and subject to all penalties contained in Transporter's FERC Gas Tariff.