Tennessee Gas Pipeline Company
FIFTH REVISED VOLUME NO. 1
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Effective Date: 06/23/2000, Docket: RP00-300-000, Status: Effective
Third Revised Sheet No. 405D Third Revised Sheet No. 405D : Effective
Superseding: Second Revised Sheet No. 405D
GENERAL TERMS AND CONDITIONS (continued)
4) Capacity which is returned to Transporter by an existing capacity
holder at the expiration of that capacity holder's contract term(s)
("Expired Contract Capacity").
(Hereinafter, any references to the term "capacity" in this Section 5.8
shall mean the four types of capacity collectively unless noted otherwise).
Any capacity reserved by Transporter must first be posted on PASSKEY as
reserved. The reservation posting shall include, but not be limited to,
the following information: (1) a description of the expansion project for
which the capacity is being reserved; (2) the quantity of capacity being
reserved; (3) the location of the reserved capacity on the pipeline
system, including all mainline valves and associated quantities at those
valves; and (4) the estimated in-service date of the expansion project.
The reservation posting shall also include a non-binding solicitation for
Turnback Capacity to serve the expansion project, provided that
Transporter shall post the non-binding solicitation for Turnback Capacity
no later than 90 days after the close of the expansion project open
season. Transporter shall make reasonable efforts to update the
reservation posting up to the in-service date of the expansion project to
reflect any material changes in the scope of the expansion project.
Transporter may only reserve capacity for an expansion project for which
an open season has been held or will be held within one (1) year of the
date that Transporter posts such capacity on PASSKEY as being reserved.
Transporter will not, absent Commission approval, accept advance payments
to reserve capacity under this Section 5.8.
In addition to the foregoing, prior to reserving Expired Contract
Capacity, Transporter must make Expired Contract Capacity generally
available for bidding through an open season. The open season shall
conform to the provisions of Article XXVIII, Section 5 of these General
Terms and Conditions. When an Expired Contract Capacity open season is
held prior to the expansion project open season, Transporter shall have
the right to state in the Expired Contract Capacity open season posting
minimum terms and conditions for bids that would be acceptable for
consideration that are the same as the minimum terms and conditions
anticipated for the future expansion project open season. In the event
that the subsequent expansion project open season imposes minimum terms
and conditions that are materially different from the terms and conditions
imposed in the previous Expired Contract Capacity open season, Transporter
shall hold another open season for the Expired Contract Capacity that uses
the same minimum terms and conditions as were imposed for the expansion
project open season. If the expansion project open season is held prior
to or during the Expired Contract Capacity open season, Transporter shall
use the same minimum terms and conditions as used for the expansion
project open season.
Any capacity reserved under this Section 5.8 shall be made available for
transportation service pursuant to these General Terms and Conditions on a
limited-term basis up to the in-service date of the expansion project(s).
For such limited-term agreements, Transporter reserves the right to limit
any extension rights provided in the service agreement and pursuant to
Article III, Section 10.4 commensurate with the proposed in-service date
of the expansion project. Transporter will indicate in any open season
posting of the capacity any limitations on extension rights that will
apply to such limited-term transportation service.
Reservation of capacity under this Section 5.8 shall not in any way modify
or limit existing capacity holders' rights under Article III, including,
but not limited to Sections 10.4, 10.5, 11 and 12 of these General Terms