Midwestern Gas Transmission Company

SECOND REVISED VOLUME NO. 1

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Effective Date: 05/01/2000, Docket: RP00-233-001, Status: Effective

Substitute First Revised Sheet No. 101 Substitute First Revised Sheet No. 101 : Superseded

Superseding: Original Sheet No. 101

 

 

GENERAL TERMS AND CONDITIONS

 

 

j) Any increase in Transporter's rates, charges, and surcharges shall

remain the responsibility of the Releasing Shipper; provided, however,

that the Releasing Shipper may provide in its Release Request and the

subsequent Exhibit R for the rates, charges or surcharges for released

transportation rights to increase in accordance with any increases in

Transporter's rates, charges and surcharges. In either circumstance,

any refunds of any rates or charges ordered by the FERC shall be paid

by Transporter to the Releasing Shipper and/or the Replacement Shipper

in the manner specified in the Release Request and incorporated in the

Released Transportation Service Agreement.

 

k) The Replacement Shipper's service under a release shall be subject to

and governed by the terms and conditions of the Releasing Shipper's

service agreements, the FT-A Rate Schedule, and the Released

Transportation Service Agreement.

 

l) Transporter 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

Transporter's Tariff and their respective service agreements. In the

event that instructions or nominations from the Releasing Shipper and

Replacement Shipper are, in Transporter's sole opinion, inconsistent

or conflicting, Transporter shall use reasonable efforts to contact the

Releasing Shipper and Replacement Shipper to resolve the conflicting

communications. In the event Transporter is unable to resolve the

conflict prior to the time that it must take the required action,

Transporter shall comply with the instructions of the Releasing

Shipper; provided however that such instructions must not be

inconsistent with Transporter's Tariff or the terms of either the

Releasing Shipper's or Replacement Shipper's service agreement, in

Transporter's sole opinion. The Releasing Shipper will indemnify

Transporter against any claim or suit by the Replacement Shipper, its

successors or assigns, arising from any action taken by Transporter in

reliance upon the Releasing Shipper's nominations and instructions and

will hold Transporter harmless for any action taken by Transporter in

reliance upon the nominations and scheduling instructions