Tennessee Gas Pipeline Company
FIFTH REVISED VOLUME NO. 1
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Effective Date: 03/13/2006, Docket: RP06-219-000, Status: Effective
Fifth Revised Sheet No. 527 Fifth Revised Sheet No. 527 : Effective
Superseding: Fourth Revised Sheet No. 527
GAS STORAGE CONTRACT (continued)
(For Use under Rate Schedule FS)
In addition, a discount agreement may include a provision that if one rate
component which was at or below the applicable Maximum Rate at the time the
discount agreement was executed subsequently exceeds the applicable Maximum Rate
due to a change in Transporter's Maximum Rates so that such rate component must
be adjusted downward to equal the new applicable Maximum Rate, then other rate
components may be adjusted upward to achieve the agreed overall rate, as long as
none of the resulting rate components exceed the Maximum Rate applicable to that
rate component. Such changes to rate components shall be applied prospectively,
commencing with the date a Commission Order accepts revised tariff sheet rates.
However, nothing contained herein shall be construed to alter a refund obligation
under applicable law for any period during which rates that had been charged
under a discount agreement exceeded rates which ultimately are found to be just
and reasonable.
3.2 Shipper agrees to reimburse Transporter for any filing or similar fees, which
have not been previously paid by Shipper, which Transporter incurs in rendering
service hereunder.
3.3 Shipper agrees that Transporter shall have the unilateral right to file with the
appropriate regulatory authority and make changes effective in (a) the rates and
charges applicable to service pursuant to Transporter's Rate Schedule FS, (b) the
rate schedule(s) pursuant to which service hereunder is rendered, or (c) any
provision of the General Terms and Conditions applicable to those rate schedules.
Transporter agrees that Shipper may protest or contest the aforementioned
filings, or may seek authorization from duly constituted regulatory authorities
for such adjustment of Transporter's existing FERC Gas Tariff as may be found
necessary to assure Transporter just and reasonable rates.
ARTICLE IV - INCORPORATION OF RATE SCHEDULE AND TARIFF PROVISIONS
This Agreement shall be subject to the terms of Transporter's Rate Schedule FS, as filed
with the Federal Energy Regulatory Commission, together with the General Terms and
Conditions applicable thereto (including any changes in said Rate Schedule or General
Terms and Conditions as may from time to time be filed and made effective by
Transporter).
ARTICLE V - TERM OF CONTRACT
This Agreement shall be effective as of _______________, _____ and shall remain in force
and effect, unless modified as per Exhibit B, until _________________, _____ ("Primary
Term") and on a month to month basis thereafter unless terminated by either Party upon at
least thirty (30) days prior written notice to the other Party; provided, however, that
if the Primary Term is less than one year, then notice of termination may be provided via
PASSKEY; provided further, that if the Primary Term is one year or more, then any rights
to Shipper's extension of this Agreement after the Primary Term shall be governed by
Article III, Section 10.4 of the General Terms and Conditions of Transporter's FERC Gas
Tariff; and provided further, that if the FERC or other governmental body having
jurisdiction over the service rendered pursuant to this Agreement authorizes abandonment
of such service, this Agreement shall terminate on the abandonment date permitted by the
FERC or such other governmental body.
This Agreement will terminate upon notice from Transporter in the event Shipper fails
to pay all of the amount of any bill for service rendered by Transporter hereunder in
accordance with the terms and conditions of Article VI of the General Terms and
Conditions of Transporter's FERC Gas Tariff.