Centerpoint Energy - Mississippi River
Third Revised Volume No. 1
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Effective Date: 04/01/2003, Docket: RP00-410-003, Status: Effective
Third Revised Sheet No. 174 Third Revised Sheet No. 174 : Effective
Superseding: Second Revised Sheet No. 174
GENERAL TERMS AND CONDITIONS
(Continued)
14. CAPACITY RELEASE (Continued)
14.8 Permanent Release of Firm Capacity
(a) If a Releasing Customer releases its capacity permanently,
MRT's approval of the Pre-Arranged Replacement Customer or the Winning
Bidder shall not relieve the Releasing Customer of its liability to MRT
for any difference between the Releasing Customer's Maximum Firm
Transportation Charge (or, if MRT and the Releasing Customer have agreed
to a different rate, the agreed upon rate) plus any other liabilities of
the Releasing Customer to MRT, and the Winning Bidder's rate, unless, in
cases where the Releasing Customer has agreed to pay MRT's Maximum Firm
Transportation Charge, the Pre-Arranged Replacement Customer or Winning
Bidder agrees to pay MRT the Maximum Firm Transportation Charge for the
released capacity and agrees to assume all other obligations of the
Releasing Customer. MRT's decision to relieve the Releasing Customer of
its liability to MRT shall be reasonably exercised on a not unduly
discriminatory basis. Unless the Releasing and Replacement Customer
agree otherwise, the Releasing Customer shall remain liable for any exit
fee negotiated by and between MRT and the Releasing Customer that is
associated with the permanent release of the Releasing Customer's
capacity. MRT may not unilaterally impose an exit fee on a Releasing
Customer.
(b) If the Pre-Arranged Replacement Customer does not meet the
credit criteria set forth in Section 5.4(k) of these General Terms and
Conditions, the Releasing Customer may still permanently release its
capacity to such Replacement Customer if it agrees to indemnify MRT for
all charges and costs that may be incurred by the Replacement Customer
for the remaining term of the Releasing Customer's Service Agreement.
14.9 Contracting for Released Capacity