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. 502 Second Revised Sheet No. 502

Superseding: First Revised Sheet No. 502

 

FIRM TRANSPORTATION AGREEMENT

(For Use Under Rate Schedules FT-A and FT-GS)

 

Date:__________________________, Contract No.__________________

 

SERVICE AGREEMENT

 

This AGREEMENT is entered into by and between East Tennessee Natural Gas, LLC, ("Transporter")

and _____________________________________ ("Shipper").

 

WHEREAS,

 

NOW THEREFORE, in consideration of the premises and of the mutual covenants herein contained,

the parties do agree as follows:

 

1. Transporter shall deliver and Shipper shall take and pay for service up to the Maximum Daily

Transportation Quantity stated on Exhibit A attached hereto at the Receipt Point(s) and

Delivery Point(s) listed on Exhibit A attached hereto pursuant to the terms of this Agreement

and subject to the Rate Schedule in Transporter's Tariff indicated on Exhibit A as applicable

to this agreement and subject to the General Terms and Conditions of Transporter's Tariff.

Exhibit A, the applicable Rate Schedule, and the General Terms and Conditions of

Transporter's Tariff are incorporated herein by reference and made a part hereof.

 

2. This Agreement shall be effective as of ___________ and shall remain in force and effect

until and including ___________ ("Primary Term"); provided however, that if the Primary Term

is one Year or more, then the contract shall remain in force and effect and the contract term

will automatically roll-over for additional five Year increments ("Secondary Term") unless

Shipper, one Year prior to the expiration of the Primary Term or a Secondary Term, provides

written notice to Transporter of either (1) its intent to terminate the contract upon

expiration of the then current term or (2) its desire to exercise its right-of-first-refusal

in accord with Section 7.3 of Transporter's General Terms and Conditions. Provided further,

if the Commission or other governmental body having jurisdiction over the service rendered

pursuant to this Agreement authorizes abandonment of such service, this Agreement shall

terminate on the abandonment date permitted by the Commission or such other governmental

body. If any provision of this Agreement is declared null and void, or voidable, by a court

of competent jurisdiction, then that provision will be considered severable at Transporter's

option; and if the severability option is exercised, the remaining provisions of the

Agreement shall remain in full force and effect.

 

Notwithstanding any other provision of Transporter's Tariff to the contrary, Shipper shall

have a right-of-first-refusal pursuant to Section 7.3(b) of Transporter's General Terms and

Conditions with respect to each Secondary Term under this Agreement, provided that (i) the

MDTQ for the entire Secondary Term is equal to the MDTQ for the Primary Term of this

Agreement, and (ii) the rate for service during the entire Secondary Term is the applicable

maximum recourse rate on file with the Commission for service hereunder.

 

3. The applicable maximum rate(s) and all other applicable charges and surcharges specified in

the Notice of Rates in Transporter's FERC Gas Tariff and in the Rate Schedule specified in

Exhibit A shall apply to service pursuant to this Agreement except as provided to the

contrary in any written or electronic agreement(s) between Transporter and Shipper in effect

during the term of this Agreement.

 

Shipper agrees that Transporter shall have the unilateral right to file with the appropriate

regulatory authority and make changes effective in the rates and charges applicable to

service pursuant to the Rate Schedule under which this service is rendered and in any

provisions of Transporter's General Terms and Conditions as they may be revised or replaced

from time to time. Without prejudice to Shipper's right to contest such changes, Shipper

agrees to pay the effective rates and charges for service rendered pursuant to this

Agreement. Transporter agrees that Shipper may protest or contest the aforementioned

filings, or may seek authorization from duly constituted regulatory authorities for

adjustment of Transporter's existing FERC Gas Tariff as may be found necessary to assure

Transporter just and reasonable rates.