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. 4400 Second Revised Sheet No. 4400

Superseding: First Revised Sheet No. 4400

 

FORM OF FIRM TRANSPORTATION AGREEMENT

RATE SCHEDULE SNS

Texas Gas Contract Number _________

 

THIS AGREEMENT, dated _________________ made and entered into by and between Texas Gas

Transmission, LLC, a Delaware limited liability company, hereinafter referred to as "Texas Gas,"

and ______, a ______________, hereinafter referred to as "Customer,"

WITNESSETH:

WHEREAS,

 

NOW THEREFORE, Texas Gas and Customer agree as follows:

1. Service: Pursuant to the terms and conditions of this Agreement and Texas Gas' Rate

Schedule SNS, Customer agrees to deliver or cause to be delivered to Texas Gas at the Point(s) of

Receipt in Exhibit "A" hereunder, gas for transportation and Texas Gas agrees to receive,

transport, and redeliver to Customer at the Point(s) of Delivery in Exhibit "B" hereunder, the

daily and seasonal quantities of gas set forth herein. The parties agree that the transportation

service provided hereunder shall be a firm service provided by combining pipeline capacity (the

"Nominated" portion of the service) and storage capacity (the "Unnominated" portion of the

service) into a single transportation service as defined in Section 2 of the SNS Rate Schedule.

 

2. Quantities: Customer's applicable Contract Quantities shall be as set forth below:

Time Period(s)

Daily Contract Demand(s) _________ MMBtu/D ___________

Nominated Daily Quantity(ies) _________ MMBtu/D ___________

Unnominated Daily Quantity(ies) _________ MMBtu/D ___________

Maximum Unnominated Quantity(ies) _________ MMBtu ___________

Summer Quantity Entitlement(s) _________ MMBtu ___________

 

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

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

Texas Gas' Internet Website, in accordance with Section 6.4 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 with Section 6.4 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. 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".