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