Texas Gas Transmission, LLC

Third Revised Volume No. 1

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Effective Date: 08/01/2009, Docket: RP09-317-002, Status: Effective

Second Revised Sheet No. 4201 Second Revised Sheet No. 4201

Superseding: First Revised Sheet No. 4201

 

FORM OF FIRM TRANSPORTATION AGREEMENT

RATE SCHEDULE NNS

 

[To the extent mutually agreed to, the following language set forth in 6.2 through 6.4 may apply.

It is recognized that a Customer, at its option, has the right to include in the agreement an

evergreen or rollover provision, (6.2) below, pursuant to Section 10.2 of the General Terms and

Conditions of the Texas Gas Tariff.]

 

6.2 Evergreen/Rollover Term: At the end of such primary term, or any subsequent rollover

term, this Agreement shall automatically be extended for an additional rollover term of

____________, unless ___________ terminates this agreement at the end of such primary or rollover

term by giving __________ at least ____________advance written notice prior to the expiration of

such primary or rollover term.

6.3 Contractual Right of First Refusal: At the end of this Agreement, Customer shall be

granted a contractual right of first refusal to be exercised in accordance with Section 10.4 of

the Texas Gas Tariff.

6.4 Waiver of Right of First Refusal: Customer waives its Right of First Refusal to which it

may be entitled pursuant to Section 10.4 of the General Terms and Conditions of the Texas Gas FERC

Gas Tariff and Section 284.221(d)(2) of the Federal Energy Regulatory Commission's regulations.

7. Contribution in Aid of Construction: To the extent this agreement is extended pursuant to

Section 10.2(c) of the General Terms and Conditions of Texas Gas' FERC Gas Tariff, the terms and

conditions related to the modification or construction of any associated delivery point facilities

shall be set forth as Exhibit "D".

8. Rates: Unless otherwise agreed to in writing by Texas Gas and Customer, Customer shall pay

the applicable maximum rates, charges and fees as prescribed by Rate Schedule NNS for service

under this Agreement. Any negotiated or discount rate agreement, as may be agreed to from time to

time, shall be set forth separately in writing.

9. Fuel, Use and Unaccounted for Retention: Customer shall reimburse Texas Gas for the

quantity of gas required for fuel, company use, and unaccounted for associated with the

transportation service hereunder in accordance with Section 9.2 of the General Terms and

Conditions of Texas Gas' FERC Gas Tariff.

10. Changes in Rates and Charges: It is further agreed that Texas Gas may, from time to time,

seek authorization from the Federal Energy Regulatory Commission and/or other appropriate body for

changes to any rate and/or term set forth herein or in Texas Gas' FERC Gas Tariff, as may be found

necessary to assure Texas Gas just and reasonable rates. Nothing herein contained shall be

construed to deny Customer any rights it may have under the Natural Gas Act, as amended, including

the right to participate fully in rate proceedings by intervention or otherwise to contest

increased rates in whole or in part.

11. Nominations and Scheduling: As respects the nominated portion of the no-notice service,

periodic scheduling of the quantities of service requested shall be provided by Customer to Texas

Gas at times and in accordance with the procedures specified in the General Terms and Conditions

of Texas Gas' FERC Gas Tariff.

12. Incorporation by Reference: The General Terms and Conditions of Texas Gas' FERC Gas Tariff

and the provisions of Rate Schedule NNS, as either or both may change from time to time, are

incorporated by reference.

13. Notices: Except as may be otherwise provided, any notice, request, demand, statement, or

bill provided for herein or any notice which either party may desire to give the other shall be in

writing and shall be given in accordance with Section 25.4 of the General Terms and Conditions of

Texas Gas' FERC Gas Tariff to the address or addresses set forth below:

 

Texas Gas Customer

Texas Gas Transmission, LLC _________________________

3800 Frederica Street _________________________

Post Office Box 20008 _________________________

Owensboro, Kentucky 42304 _________________________

 

Attention: ____________________ Attention: ____________________

____________________ ____________________

____________________ ____________________

Fax: _______________ Fax: _______________

Internet Website Address: __________ Other: _______________

Other: ____________________

 

The address of either party may, from time to time, be changed by a party mailing appropriate

notice thereof to the other party or by posting such address change to Texas Gas' Internet

Website.