Midwestern Gas Transmission Company
Third Revised Volume No. 1
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Effective Date: 06/12/2005, Docket: RP05-341-001, Status: Effective
Substitute Second Revised Sheet No. 257 Substitute Second Revised Sheet No. 257 : Effective
Superseding: Second Revised Sheet No. 257
GENERAL TERMS AND CONDITIONS
21. CAPACITY RELEASE (Continued)
21.8 Rights and Obligations of Replacement Shipper
The Replacement Shipper's service under a capacity release shall be subject to
and governed by the terms and conditions of the Releasing Shipper's Firm
Transportation Agreement, the terms and conditions of the Replacement Shipper's
winning bid, and the capacity release offer.
A Replacement Shipper shall be allowed to release the capacity under its Firm
Transportation Agreement, provided that the original capacity release offer was
not volumetrically based, and contained a provision to allow for the re-release.
The sum of the capacity re-released cannot exceed the awarded capacity to the
Replacement Shipper under each individual capacity release offer.
Nominations to a point outside of the released Transportation Path by the
Replacement Shipper or within the released Transportation Path by the Releasing
Shipper shall be permitted. In the event that the combined quantity nominated
by the Releasing Shipper and the Replacement Shipper exceed the Releasing
Shipper's original mainline capacity entitlements, Company shall accept
nominations for quantities in excess of the original mainline capacity
entitlements in the overlapped portion of its system. When an overlap occurs
at a point between a Releasing Shipper and its Replacement Shipper, in the
circumstance of nominations to the same point, such nominations are allowed as
long as the Transportation Quantity is not exceeded. When the Releasing
Shipper and the Replacement Shipper each nominate to a secondary point out of
their respective Transportation Path causing total nominated quantities to
exceed a capacity limitation at a location on Company's system, Company shall
schedule such nominations pursuant to Subsection 3.7 of the General Terms and
The Replacement Shipper is entitled to nominate any Receipt Point or Delivery
Point on Company's system, consistent with the same conditions applicable to
any other firm Shipper on Company's system.
21.9 Rights and Obligations of Company
Company makes no representation or warranty to any party concerning the
accuracy or completeness of any posted information or concerning the
willingness or ability of any Releasing Shipper to release transportation
rights hereunder or of any Replacement Shipper to accept transportation rights
hereunder. Company shall not be liable to any party for any damages, of any
nature whatsoever, including without limitation any special, incidental or
consequential damages, or any other kind that may arise in connection with the
posting of information hereunder.
Company may invalidate any capacity release offer or any Bid subsequent to its
posting on the System that does not conform in all respects to the requirements
of Company's Tariff, or any Commission Order or regulation, and such
invalidated capacity release offer or Bid shall be deemed null and void.