Equitrans, L. P.
Original Volume No. 1
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Effective Date: 11/01/2002, Docket: RP00-462-002, Status: Effective
First Revised Sheet No. 271 First Revised Sheet No. 271 : Effective
Superseding: Original Sheet No. 271
GENERAL TERMS AND CONDITIONS (Continued)
capacity for a minimum term of one day up to the
remaining term of its firm service agreement.
(ii) Equitrans will allow re-releases on the same terms and
basis as the primary release (except as prohibited by
regulations). Any Replacement Customer which has
previously contracted for released capacity may also
release the capacity to another party as long as the terms
of the prior release do not prohibit subsequent release.
While there is no restriction on the number of times
capacity can be released, the original terms and
conditions on release imposed by the Releasing
Customer(s), including any right to recall the capacity
will continue to apply to all subsequent releases.
(iii) Any party interested in acquiring capacity through
Equitrans' Capacity Release Program must submit all
credit information required in Section 6.3 of the
General Terms and Conditions and be prequalified
before the party can submit bids under Equitrans'
capacity release program. No prospective Replacement
Customer will be required to submit a deposit in order
to acquire capacity. To facilitate service to a
Replacement Customer, a Releasing Customer is permitted,
but not required, to assume responsibility for usage
charges and penalties of the Replacement Customer pending
completion of the creditworthiness review of the
Replacement Customer. Any Releasing Customer assuming
this responsibility must communicate its agreement in this
regard to Equitrans at the time the release is posted or
offered.
(iv) A Replacement Customer acquires all rights and obligations
of the Releasing Customer and will be permitted to request
new primary receipt and delivery points unless the
existing primary receipt and delivery points are expressly
reserved by the Releasing Customer under the terms of the
release. If the Replacement Customer changes the primary
receipt and delivery points during the term of the
release, the Releasing Customer is at risk as to whether
it can regain its original points once the capacity is
returned.
(v) Irrespective of the release of its capacity, the
Releasing Customer remains bound and liable for
performance under its service agreement unless
excused in writing by Equitrans. The excuse of
performance under a service agreement of a Releasing
Customer shall be at Equitrans' sole discretion, and
may be conditioned on exit fees and recovery by Equitrans
of other amounts due. Equitrans will exercise its
discretion to excuse the performance of a Releasing
Customer in a non-discriminatory manner. In the case of a
permanent release of capacity, the Releasing Customer will