Pine Needle LNG Company, LLC
Original Volume No. 1
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Effective Date: 01/01/2003, Docket: RP01-243-000, Status: Effective
First Revised Sheet No. 76 First Revised Sheet No. 76 : Effective
Superseding: Original Sheet No. 76
GENERAL TERMS AND CONDITIONS
(Continued)
20. CAPACITY RELEASE (Continued)
20.13 Marketing Fee
Pine Needle shall have the right to negotiate a marketing fee with a Releasing
Customer for any mutually agreeable marketing services which are provided by Pine
Needle.
20.14 Permanent Releases
A Customer which has a currently effective executed service agreement with Pine
Needle under Pine Needle's Rate Schedule LNG-1 may release its capacity to a third
party ("Replacement Customer") for the remaining term of the contract and be relieved
of all liability under its service agreement prospective from the effective date of
such release, provided that the following conditions are satisfied:
(a) Customer's capacity was not acquired under temporary capacity release pursuant
to this Section 20.
(b) the Replacement Customer executes a new service agreement under Rate Schedule
LNG-1 pursuant to Part 284 of the regulations of the FERC that is subject to
pre-granted abandonment;
(c) the Replacement Customer agrees to pay the maximum rates for service thereunder
(unless otherwise agreed to by Pine Needle) and accepts all prospective
obligations of the Releasing Customer; and
(d) the Replacement Customer meets the creditworthiness requirements contained in
Section 22 of these General Terms and Conditions.
20.15 Treatment of Storage Inventory
The release of storage capacity (or recall or termination thereof) requires the
Releasing or Replacement Customer, as applicable, to have withdrawn or transferred
any storage inventory balance related to such release capacity by the effective date
of such release, recall or termination. A transfer of storage inventory may be
concurrent with a release of storage capacity (or recall or termination thereof). If
the Releasing or Replacement Customer, as applicable, fails to eliminate any
remaining storage inventory balance related to released storage capacity, such
remaining balance shall be retained by Pine Needle.