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. 4251 Second Revised Sheet No. 4251

Superseding: First Revised Sheet No. 4251

 

FORM OF FIRM TRANSPORTATION AGREEMENT

RATE SCHEDULE NNL

(Continued)

 

 

3. Points of Receipt: Customer's Primary Point(s) of Receipt shall be as set forth in

Exhibit "A". Customer shall have also access to available Secondary Points of Receipt, as listed

on Texas Gas' Internet Website, in accordance with Section 6.3 of the General Terms and Conditions

of Texas Gas' FERC Gas Tariff.

 

4 Points of Delivery: Customer's Primary Point(s) of Delivery shall be as set forth in

Exhibit "B". Customer shall have access to available Secondary Points of Delivery, as listed on

Texas Gas' Internet Website, in accordance Section 6.3 of the General Terms and Conditions of

Texas Gas' FERC Gas Tariff.

 

5. Supply Lateral Capacity: Customer's Supply Lateral Capacity Rights shall be as set forth

in Exhibit "C".

 

6.1 Primary Term: This Agreement shall become effective ___________ and remain in full force

and effect for a primary term beginning _________________ (with the rates and charges described in

Paragraph 7 becoming effective on that date) and extending through ________________________.

 

[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.

 

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 NNL for service

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

time, shall be set forth in Exhibit "D".

 

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.