Equitrans, L. P.

Original Volume No. 1

 Contents / Previous / Next / Main Tariff Index

 

 

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