El Paso Natural Gas Company

Second Revised Volume No. 1A

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Effective Date: 04/01/2010, Docket: RP10-454-001, Status: Effective

First Revised Sheet No. 284K First Revised Sheet No. 284K

 

TRANSPORTATION GENERAL TERMS AND CONDITIONS

(Continued)

 

9. CAPACITY RELEASE PROGRAM (Continued)

9.20 Obligations of Releasing Shipper - Except as provided for in

Section 9.10(c), the Releasing Shipper shall continue to be liable

and responsible for all reservation charge(s) and reservation

surcharge(s) associated with the released capacity up to the

maximum reservation charge(s) and reservation surcharge(s)

specified in such Releasing Shipper's TSA or Acquired Capacity

Agreement. However, if the original TSA involves a negotiated rate

agreement that exceeds the maximum reservation rate, the Releasing

Shipper shall continue to be liable and responsible for all

reservation charge(s) and reservation surcharge(s) associated with

the released capacity up to the original negotiated rate. Re-

releases by an Acquiring Shipper shall not relieve the original or

any subsequent Releasing Shipper of its obligations under this

section.

 

9.21 Flexible Receipt and Delivery Point(s)

(a) Shipper(s) using Acquired Capacity Agreements may utilize

Receipt and/or Delivery Points not provided for in the Acquired

Capacity Agreement pursuant to the provisions of Section 8.1(f)

which is incorporated herein.

 

(b) Shippers using Acquired Capacity Agreements requesting re-

designation of primary receipt or delivery points should follow

the procedures contained in Section 8.1(f)(iii). However, if

an Acquiring Shipper has contracted for a temporary capacity

release (i.e., less than three Months), the Acquiring Shipper

may submit a request to re-designate to a new primary point and

the Releasing Shipper may simultaneously submit a request to

re-designate back to the original primary point at the end of

the capacity release, subject to the other requirements of

Section 8.1(f)(iii).

 

(c) Both Releasing and Acquiring Shippers may use Flow Point

Secondary, Flow Path Secondary and Alternate Capacity.

However, the combined nominations of such Shippers on any

Segment are limited to the TCD of the released agreement.

 

9.22 Refunds - In the event that the Commission orders refunds of any

rates charged by Transporter, Transporter shall flow-through

refunds to any Acquiring Shipper to the extent that such Shipper

has paid a rate in excess of Transporter's just and reasonable,

applicable maximum rates. For releases that become effective on or

after July 30, 2008, the rate paid by an Acquiring Shipper in any

capacity release transaction with a term of one Year or less which

is not subject to the maximum rate limitation will be deemed to be

a final rate and is not subject to refund.