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
Third Revised Sheet No. 711 Third Revised Sheet No. 711
Superseding: Second Revised Sheet No. 711
SUPPLY AGGREGATION SERVICE AGREEMENT
(For Use Under Rate Schedule SA)
Date:__________________________, Contract No.__________________
SERVICE AGREEMENT
This AGREEMENT is entered into by and between East Tennessee Natural Gas, LLC, ("Transporter")
and _____________________________________ ("Aggregator").
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 Aggregator shall take and pay for service pursuant to the terms
of this Agreement and subject to Rate Schedule SA in Transporter's Tariff and subject to the
General Terms and Conditions of Transporter's Tariff. Rate Schedule SA, an Exhibit A, if
executed, 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 on a
month to month basis thereafter unless this contract is terminated as hereinafter provided.
This contract may be terminated by either Transporter or Aggregator upon 30 days prior
written notice to the other. Any portions of this Agreement necessary to resolve or cash-out
imbalances under this Agreement as required by the General Terms and Conditions of
Transporter's FERC Gas Tariff shall survive the other parts of this Agreement until such time
as such balancing has been accomplished; provided, however, that Transporter notifies
Aggregator of such imbalance no later than twelve months after the termination of this
Agreement. Transporter may, in its sole discretion, suspend or terminate this Agreement in
the event Aggregator fails to comply with any of the provisions of this Agreement or with any
of the terms and conditions of Transporter's FERC Gas Tariff. Transporter shall give
Aggregator 30 days prior notice of Aggregator's failure to so comply. 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.
3. Aggregator agrees that Transporter shall have the unilateral right to file with the
appropriate regulatory authority and make changes effective in the rates, charges, and
provisions applicable to service pursuant to Rate Schedule SA 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 Aggregator's right to contest such changes, Aggregator agrees to
pay the effective rates and charges for service rendered pursuant to this Agreement.
Transporter agrees that Aggregator 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.
4. Unless otherwise required in the Tariff, all notices shall be in writing and shall be deemed
given when sent to Transporter and to Aggregator at the addresses below or to such other
address as either party shall designate or shall be transmitted via facsimile. Aggregator or
Transporter may change such addresses or other information by written notice to the other
without the necessity of amending this Agreement.
Transporter:
Aggregator: