Equitrans, L. P.

Original Volume No. 1

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Effective Date: 05/16/2010, Docket: RP10-616-000, Status: Effective

First Revised Sheet No. 454 First Revised Sheet No. 454

Superseding: Original Sheet No. 454

 

CAPACITY RELEASE SERVICE AGREEMENT

APPLICABLE TO CAPACITY RELEASE TRANSPORTATION

OR STORAGE PROGRAM (Continued)

 

 

1.4 The quantity released, Receipt and Delivery Points, character

of service, Rate Schedule and duration of the release shall be specified

in the Release Addendum.

 

ARTICLE II

Rate(s), Rate Schedule(s), and General Terms and Conditions

 

2.1 Replacement Customer shall pay Equitrans the Reservation

Charges specified in each Release Addendum attached hereto as Exhibit A.

Unless Equitrans has specifically agreed in writing to provide discounted

usage charges for transportation services rendered pursuant to this Agreement,

Replacement Customer shall pay Equitrans' maximum usage rates and charges

provided under the Rate Schedule applicable to the Service Agreement under

which Customer has received released capacity, which rates are set forth in

Equitrans' effective FERC Gas Tariff, including applicable surcharges and the

Fuel Retainage Percentage.

 

2.2 The parties hereto agree that Equitrans shall have the right

from time to time to propose and file with the Commission, in accordance with

Section 4 of the Natural Gas Act, changes, amendments, revisions, and

modifications in:

 

(a) the rate(s) and Rate Schedule incorporated by reference as

part of this Agreement pursuant to this Article II; and

 

(b) the General Terms and Conditions incorporated by reference in

said Rate Schedule, which are applicable hereto;

 

Replacement Customer shall have the right to protest any such changes before

the Commission or other authorities and to exercise any other rights that

Customer may have with respect thereto.

 

2.3 This Agreement in all respects is subject to the provisions of

the firm service Rate Schedule under which the Replacement Customer has

obtained capacity through this Agreement, or superseding Rate Schedule(s), and

applicable provisions of the General Terms and Conditions included by

reference

in said Rate Schedule filed by Equitrans with the Commission, all of which are

by reference made a part hereof. In the event of any conflict between this

Agreement and the firm service Rate Schedule, the firm service Rate Schedule

shall govern as to the point of conflict.

 

2.4 The transportation and storage arrangements provided for in

this Agreement are subject to the provisions of Part 284 of the Commission's

Regulations, as amended from time to time.