Midwestern Gas Transmission Company
Third Revised Volume No. 1
Contents / Previous / Next / Main Tariff Index
Effective Date: 07/09/2004, Docket: RP04-325-000, Status: Effective
Fourth Revised Sheet No. 266 Fourth Revised Sheet No. 266 : Effective
Superseding: Third Revised Sheet No. 266
GENERAL TERMS AND CONDITIONS
21. RELEASES OF FIRM CAPACITY (Continued)
21.11 Further Conditions on Release of Transportation Rights (Continued)
(l) Company shall accept nominations, schedule service, afford priority of
service and curtail service based on instructions and communications from
the Releasing Shipper and the Replacement Shipper that are consistent with
one another and with the terms and conditions of Company's Tariff and
their respective service agreements. In the event that instructions or
nominations from the Releasing Shipper and Replacement Shipper are, in
Company's sole opinion, inconsistent or conflicting, Company shall use
reasonable efforts to contact the Releasing Shipper and Replacement
Shipper to resolve the conflicting communications. In the event Company
is unable to resolve the conflict prior to the time that it must take the
required action, Company shall comply with the instructions of the
Releasing Shipper; provided however that such instructions must not be
inconsistent with Company's Tariff or the terms of either the Releasing
Shipper's or Replacement Shipper's service agreement, in Company's sole
opinion. The Releasing Shipper will indemnify Company against any claim
or suit by the Replacement Shipper, its successors or assigns, arising
from any action taken by Company in reliance upon the Releasing Shipper's
nominations and instructions and will hold Company harmless for any action
taken by Company in reliance upon the nominations and scheduling
instructions of the Replacement Shipper. The Replacement Shipper will
indemnify Company against any claim or suit by the Releasing Shipper, its
successors or assigns, arising from any action taken by Company in
reliance upon the nominations and scheduling instructions of the
Replacement Shipper and will hold Company harmless for any actions taken
by Company in reliance upon the instructions of the Releasing Shipper.
(m) A Releasing Shipper may release capacity under its transportation
agreement. If Releasing Shipper desires to release such capacity, then
Releasing Shipper's capacity shall be reduced by an amount equal to the
quantity released. Replacement Shippers who desire to re-release the
released capacity must obtain such right from the Releasing Shipper. The
sum of the capacity released cannot exceed the Releasing Shipper's
original capacity entitlements. Nominations to a point outside of the
released segment by the Replacement Shipper or within the released segment
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.