Texas Gas Transmission, LLC
Third Revised Volume No. 1
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Effective Date: 01/11/2010, Docket: RP10-233-000, Status: Pending
Original Sheet No. 5414 Original Sheet No. 5414
[The following may be inserted in the header of each page of this Agreement, as well as any
information related to the identification of the Agreement necessary for administrative purposes:
Rate Schedule [FSS/ISS]
Agreement No. __________
In addition, a footer may be inserted on each page of this Agreement for administrative purposes.]
Re: Discounted Rates Letter Agreement to
[FSS/ISS] Service Agreement No. _____ between
TEXAS GAS TRANSMISSION, LLC and
This Discounted Rates Letter Agreement ("Agreement") specifies additional terms and
conditions applicable to the referenced service agreement ("Contract") between Texas Gas
Transmission, LLC ("Texas Gas") and [CustomerName] ("Customer"). This Agreement is subject to all
applicable Federal Energy Regulatory Commission ("FERC") regulations. In the event the language
of this Agreement conflicts with the Contract, the language of this Agreement will control. In
the event the language of this Agreement conflicts with Texas Gas' FERC Gas Tariff currently in
effect or any superseding tariff ("Tariff"), the language of the Tariff will control.
1. Texas Gas shall provide service under the Agreement at the Injection and Withdrawal
Point(s) posted on Texas Gas' internet website. The rates charged for this service shall be set
forth in Exhibit A. In addition to the rate(s) set forth in Exhibit A, Texas Gas shall charge and
Customer shall pay all other applicable charges Texas Gas is authorized to charge pursuant to its
[If a specific requirement as set forth in the Tariff is the basis of the discount, then it will
be inserted here, including the basis of any calculations contemplated by the Tariff.]
2. The rates in Exhibit A are applicable only for storage service utilizing the Point(s)
specifically posted on Texas Gas' internet website, up to Customer's Contract Demand.
3. This Agreement will be effective ______________ [insert commencement date, which may
be drafted to take into consideration the uncertainties of construction] and will continue in full
force and effect _______________ [insert "through" or "for a primary term of"] _______________
[insert end date of Agreement or length of primary term].
4. All rates and services described in this Agreement are subject to the terms and
conditions of Texas Gas' Tariff. Texas Gas shall have no obligation to make refunds to Customer
unless the maximum rate ultimately established by the FERC for any service described herein is
less than the rate paid by Customer under this Agreement. Texas Gas shall have the unilateral
right to file with the appropriate regulatory authority and make changes effective in the filed
rates, charges, and services in Texas Gas' Tariff, including both the level and design of such
rates, charges and services and the general terms and conditions therein.
5. Except as otherwise provided in the FERC's regulations, this Agreement may not be
assigned without the express written consent of the other party. Any assignment shall be in
accordance with the Tariff and FERC regulations. Such consent shall not be unreasonably withheld.
Any assignment made in contravention of this paragraph shall be void at the option of the other
party. If such consent is given, this Agreement shall be binding upon and inure to the benefit of
the parties and their successors and assigns.
6. In the event any provision of this Agreement is held to be invalid, illegal or
unenforceable by any court, regulatory agency, or tribunal of competent jurisdiction, the
validity, legality, and enforceability of the remaining provisions, terms or conditions shall
not in any way be affected or impaired thereby, and the term, condition, or provision which is
held illegal or invalid shall be deemed modified to conform to such rule of law, but only for
the period of time such order, rule, regulation, or law is in effect.