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.