Great Lakes Gas Transmission Limited Partner
Second Revised Volume No. 1
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Effective Date: 02/16/2009, Docket: RP09-218-000, Status: Effective
Fourteenth Revised Sheet No. 40 Fourteenth Revised Sheet No. 40
Superseding: Thirteenth Revised Sheet No. 40
GENERAL TERMS AND CONDITIONS
15.6 RATE (continued)
(E) In the event that the Capacity to be released is subject to a Negotiated Rate, as provided
under Subsection 4.5 of Rate Schedule FT, or Subsection 4.5 of Rate Schedule EFT, or
Subsection 4.5 of Rate Schedule LFT, the rate at which the Capacity may be released shall
be capped at the maximum applicable tariff rate for all purposes except the obligation of
the Releasing Shipper to pay Transporter the difference between the rate paid by a
Replacement Shipper and the Negotiated Rate.
However, if the release is for a term of one (1) year or less and is to take effect on or
before one (1) year from the date on which Transporter is notified of the release, the rate
at which capacity subject to a Negotiated Rate may be released shall not be capped at the
maximum applicable tariff rate.
15.7 DEFAULT BY REPLACEMENT SHIPPER. In the event that the Replacement Shipper defaults with respect
to any obligation owed to the Transporter, Transporter shall promptly notify Releasing Shipper
of the default. Transporter may seek performance directly from Replacement Shipper with respect
to any obligations owed by it to Transporter. After Transporter has made a reasonable effort to
seek performance from any such Replacement Shipper for any obligations owed by it to Transporter
under any Rate Schedule FT, EFT, or LFT Agreement, Transporter may seek performance of
Reservation Fee (or Volumetric Rate in the case of a Volumetric Rate Release) obligations from a
15.8 MARKETING FEE. Transporter may receive a marketing fee to be negotiated between Transporter and
Releasing Shipper if Releasing Shipper requests Transporter to actively market the Capacity.
This fee shall be billed separately to Releasing Shipper.
15.9 RATE REFUND. In the event a rate refund is ordered covering any portion of a
time period in which a release and assignment under this Section 15 was in effect, then such
refund will be made to the Releasing Shipper to the extent of any amounts paid by the Releasing
Shipper to the Transporter for the period (exclusive of fees under Subsection 15.8.) Any
remaining refund shall be paid to the Replacement Shipper. Other arrangements with respect to
rate refunds shall be allowed if specifically stated as a condition of the release pursuant to
Subsections 15.14(B) and 15.15(A).
15.10Unless otherwise superseded by this Section 15, a Replacement Shipper shall meet all
requirements of Transporter's Rate Schedule FT, Rate Schedule EFT, or Rate Schedule LFT, as
appropriate, which requirements must be met prior to the commencement of Transportation Service.
Notwithstanding any provision of Rate Schedule FT, Rate Schedule EFT, or Rate Schedule LFT, the
Replacement Shipper's rights under the release and assignment shall not be superior to those of
the Releasing Shipper.
(A) Transporter will maintain a list of potential bidders who have been approved for credit.
To be placed upon the credit list, a potential bidder shall submit a notice to Transporter
stating that it desires to be placed on such list, setting forth the amount of credit
approval it seeks and the potential bidder shall meet the requirements of Section 26 of the
General Terms and Conditions of this FERC Gas Tariff, Second Revised Volume No. 1. A
Shipper that has met Transporter's Rate Schedule FT, Rate Schedule EFT, or Rate Schedule
LFT requirements, as appropriate, and the Section 26 requirements shall be placed on the
credit list at the appropriate credit limit without any further creditworthiness review or
action by the Shipper.
(B) A potential bidder who is not yet approved for credit, who becomes a Replacement Shipper
shall provide a prepayment to Transporter. No later than 11 a.m.(C.C.T.) of the business
Day prior to the first Day in which Transportation Service is desired during a billing
month, Replacement Shipper shall provide to Transporter's bank a prepayment equal to the
reservation fees, utilization fees, and any other associated fees that are projected to
become payable to Transporter based on Replacement Shipper's Scheduled Daily Deliveries for
the lesser of one month or the term of the release. Unless directed otherwise by Releasing
Shipper, Transporter may, on a not unduly discriminatory basis, extend this deadline for
Replacement Shipper. Such prepayment option shall remain in effect until such time as
Replacement Shipper is deemed creditworthy or a credit enhancement has been put in place as
described in Section 26 of the General Terms and Conditions.