East Tennessee Natural Gas, LLC

Third Revised Volume No. 1

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Effective Date: 04/20/2008, Docket: RP08-277-000, Status: Effective

First Revised Sheet No. 572 First Revised Sheet No. 572 : Effective

Superseding: Original Sheet No. 572

 

 

 

BALANCING AGREEMENT (continued)

 

(For Use at Points of Delivery)

 

ARTICLE I

 

DEFINITIONS

 

The definitions found in Section 1 of Transporter's General Terms and

Conditions are incorporated herein by reference.

 

 

ARTICLE II

 

NOMINATIONS AND CONFIRMATIONS

 

2.1 Confirmation of Nominations - Prior to the beginning of the Month in

which service is to commence, Balancing Party shall confirm the

quantities nominated to be transported by Transporter at the Delivery

Point(s) commencing on the first Day of the Month following the

Confirmation. The quantities confirmed through this process shall

become the "Scheduled Quantities". Any modification to such Scheduled

Quantities shall be re-confirmed by Transporter and Balancing Party

prior to the commencement of the revised service. Transporter shall

notify Balancing Party of any problems regarding the scheduling of gas

in accordance with Confirmation hereunder within one Business Day after

such Confirmation, unless mutually agreed to otherwise. Balancing

Party shall notify Transporter of any errors in the quantity scheduled

pursuant to its Confirmations within one Business Day of receipt of

such information from Transporter. If Balancing Party fails to confirm

the quantities to be transported at any Delivery Point(s) in accordance

with the above, and such failure continues for two Business Days or

more, whether or not such Days are consecutive, after 24 hour written

notice to Balancing Party by Transporter for each occurrence of

Balancing Party's failure to confirm, then the affected Delivery Points

shall be deleted from Exhibit A upon written notice from Transporter at

the end of that calendar month.

 

2.2 Allocations Based on Scheduled Quantities - The Parties intend that the

quantity actually delivered at the Delivery Point(s) will be equal to

the Scheduled Quantities. Balancing Party shall use all reasonable

efforts to ensure that the quantities actually delivered at the

Delivery Point(s) are equal to the Scheduled Quantities. Unless

prohibited by applicable law or regulation, all transportation services

by Transporter shall be allocated each Day based upon the Scheduled

Quantities or by such other methods as may be mutually agreed to by

both Parties.