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

Conditions.

 

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.