East Tennessee Natural Gas, LLC

Third Revised Volume No. 1

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Effective Date: 05/21/2009, Docket: RP09-528-000, Status: Effective

Second Revised Sheet No. 374 Second Revised Sheet No. 374

Superseding: First Revised Sheet No. 374

 

GENERAL TERMS AND CONDITIONS (Continued)

 

 

20. POSSESSION OF GAS

 

Unless otherwise provided in the transportation agreement or applicable

Rate Schedule, as between Transporter and Shipper, Shipper shall be

deemed to be in exclusive control and possession of the gas to be

transported (i) prior to receipt by Transporter at the Receipt Point(s),

(ii) after receipt by Transporter, when the gas is in the custody of

Shipper or Shipper's designee for separation, processing or other

handling, and (iii) after delivery by Transporter at the Delivery

Point(s); otherwise, Transporter shall be in exclusive control and

possession of the gas. While in Transporter's exclusive control and

possession, Transporter shall have the unqualified right to commingle

the gas with other gas in its system and shall have the unqualified

right to handle and treat such gas as its own. The party in exclusive

control and possession of the gas shall be responsible for all injury or

damage caused thereby to any third party. In the absence of gross

negligence or willful misconduct on the part of Transporter, Shipper

waives any and all claims and demands against Transporter, its officers,

employees or agents, arising out of or in any way connected with (i) the

quality, use or condition of the gas after delivery from Transporter for

the account of such Shipper, (ii) any losses or shrinkage of gas during

or resulting from transportation hereunder, and (iii) all other claims

and demands arising out of Transporter's performance of its duties

hereunder.

 

21. PRESSURE AND AVAILABILITY OF DELIVERY POINTS

 

Shipper shall deliver gas to Transporter at the pressure required from

time to time to enable the gas to enter Transporter's facilities at the

Receipt Point(s). Transporter shall make available to each Shipper one

or more Delivery Point(s), each of which is to be determined by mutual

agreement between Transporter and Shipper, and made with respect to the

operating conditions involved. Transporter shall deliver gas to Shipper

or Shipper's designee at Transporter's line pressure existing at the

Delivery Point(s), subject to minimum pressure requirements specified in

the transportation contract; however, unless prevented by force majeure,

Transporter will maintain a minimum delivery pressure of: (a) 200

pounds per square inch gauge at Transporter's mainline take-off point to

each of its jurisdictional customers, (b) 100 pounds per square inch

gauge on all of Transporter's laterals located west of an imaginary

line, following the eastern boundary line of Knox County, Tennessee and

extending (1) due south from the point denominated "Topside" on the

system map, to the Tennessee-North Carolina state line; and (2) due

north from "Topside" to the Tennessee-Kentucky state line; and (c) 50

pounds per square inch gauge on all of Transporter's lateral located in

Virginia located east of an imaginary line following the eastern

boundary line of Knox County, Tennessee and extending (1) due south from

"Topside", to the Tennessee-North Carolina state line; and (2) due north

from "Topside" to the Tennessee-Kentucky state line.