Tuscarora Gas Transmission Company
First Revised Volume No. 1
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Effective Date: 07/01/2009, Docket: RP09-8-002, Status: Effective
Substitute Original Sheet No. 136 Substitute Original Sheet No. 136
Superseding: Original Sheet No. 136
GENERAL TERMS AND CONDITIONS
26. CAPACITY RELEASE (continued)
26.2 Capacity Eligible for Release. (continued)
(a) Capacity Eligible for Release (continued)
Upon releasing a Parcel, consistent with the terms and conditions
described herein, except as noted below with respect to permanent
releases, all Releasing Shippers shall remain ultimately liable for all
reservation charges billable for the originally contracted service. The
Releasing Shipper, whether a primary or secondary capacity holder, must
post the capacity it seeks to release on Transporter's Internet website
prior to the close of the Posting Period defined herein.
A Releasing Shipper may release all or a portion of its capacity for the
remaining term of its contract on either a temporary or permanent basis.
In the event of a permanent capacity release by a Shipper paying the
maximum recourse rate, the Right of First Refusal is conveyed to the
Replacement Shipper for that portion permanently released. Transporter
may not unreasonably refuse to relieve a Releasing Shipper of liability
under its contract and extinguish Releasing Shipper's contractual
obligations to Transporter with respect to that portion requested to be
permanently released provided that: 1) the Replacement Shipper is
creditworthy pursuant to Transporter's credit standards; and 2) the rate
paid by the Replacement Shipper is no less than either the rate
contracted between the Releasing Shipper and Transporter for the
remaining term of the contract or the maximum tariff rate, whichever is
less. Transporter may refuse to allow a permanent capacity release if
it has a reasonable basis to conclude that it will not be financially
indifferent to the release. If Shipper's request to permanently release
capacity is denied by Transporter, Transporter shall notify Shipper via
e-mail and shall include in the notification the reasons for such
denial.