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.
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
(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
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.