ANR Pipeline Company
Second Revised Volume No. 1
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Effective Date: 11/01/2006, Docket: RP06-613-000, Status: Effective
Second Revised Sheet No. 99A Second Revised Sheet No. 99A : Effective
Superseding: Sub First Revised Sheet No. 99A
GENERAL TERMS AND CONDITIONS
(Continued)
2.4 Amendments to Change or Elevate Points.
(a) Unless Transporter and Shipper agree otherwise, a Shipper, or a Replacement
Shipper that has acquired its capacity through a permanent release, or a
Replacement Shipper that has acquired its capacity through a temporary
release effectuated after July 1, 2003, may elect changes to any Primary
Point(s) designated in its Service Agreement. A Shipper shall have these
rights provided that such Shipper (1) is paying maximum rates; (2) is paying
discounted rates, but is willing to pay maximum rates; or (3) has a
provision in its Service Agreement that entitles it to a specified
discounted rate at such changed Primary Point(s); and further provided that
nothing herein shall prohibit such Shipper from requesting to transfer a
discount to the new point when a similarly situated Shipper with a discount
is at such Point(s). If such request is from a Replacement Shipper that
acquired capacity through a temporary release, Transporter shall notify the
Releasing Shipper of the request, and such request shall be subject to the
terms of the release agreement. A Shipper granted a change of Primary
Point(s) pursuant to this section shall relinquish the primary status held
at the pre-change point(s). Furthermore, a Shipper may only restore such
primary status to the pre-changed points by requesting a change pursuant to
provisions of this section.
(b) A Replacement Shipper that has acquired its capacity through a temporary
release, may elect to elevate any Secondary Point(s) designated in its
Service Agreement to Primary Point(s). Any such elevation shall cause a
portion of the MDQ of the Releasing Shipper's contract equal to the MDQ of
the Replacement Shipper's contract, to become a maximum rate contract for
the term of the elevation, but the Replacement Shipper may request to
transfer the Releasing Shipper's discount when a similarly situated Shipper
with a discount is at such Point(s). Any incremental charges associated
with such elevation shall be billed in accordance with Section 21.2(b)(2) of
these General Terms and Conditions.
(c) Shipper shall submit a Request for Service Form updating any information
that has changed from the Request for Service Form submitted for the
existing Agreement. Transporter shall respond to such request within five
(5) Business Days, and shall evaluate any such request on a not unduly
discriminatory basis with, and applying the same standards for evaluating,
any request(s) for new service at such point(s). Transporter shall not be
obligated to agree to any changed or elevated point(s) if such request (1)
would reduce the economic value of the Shipper's Agreement to Transporter,
taking into consideration either: (a) the revenues projected to be received
by Transporter at the existing Point(s) under the Agreement; or (b) any
potential loss of incremental revenues associated with new service
opportunities for which a Request for Service Form is then pending and that
would be precluded if the request were granted, (2) is made pursuant to an
FTS-4 Agreement and would affect Transporter's service obligations under
Rate Schedule FTS-4L, or (3) is made pursuant to an FTS-4L Agreement and
would not be operationally feasible taking into consideration the
availability of firm capacity under Rate Schedule FTS-4.
2.5 Request Validity. Shipper's Request for Service shall be considered null and void
if Transporter has tendered an Agreement for execution to Shipper and Shipper fails
to execute the Agreement within thirty (30) Days thereafter. In determining
whether it is feasible to tender an Agreement, after provision for existing
requirements on Transporter's system, operating constraints and pending requests
for service, Transporter will not tender a firm Agreement which relates to requests
for service for which it does not have sufficient available capacity, or is unable
to reasonably predict the demand requirements at the gate station to perform the
service requested, in the case of service under Rate Schedules NNS and MBS. In
addition Transporter shall not be required to tender an