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.