Pine Needle LNG Company, LLC
Original Volume No. 1
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Effective Date: 10/10/2004, Docket: RP04-589-000, Status: Effective
Second Revised Sheet No. 88 Second Revised Sheet No. 88 : Effective
GENERAL TERMS AND CONDITIONS
(Continued)
27. POLICY FOR CONSOLIDATION OF SERVICE AGREEMENTS
27.1 Pine Needle and Customer may mutually agree to consolidate (and terminate, as
necessary) multiple service agreements into a single service agreement provided the
service agreements to be combined meet the following threshold requirements.
(a) The service agreements are with the same Customer, under the same rate
schedule, and the maximum rate applicable to each service agreement and the
actual rate being charged under each service agreement are the same; and
(b) None of the service agreements pertain to capacity acquired through temporary
capacity release; and
(c) The service agreements have the same termination date.
27.2 Subject to the foregoing, Pine Needle will permit service agreements to be
consolidated provided the following conditions are met:
(a) Customer's and Pine Needle's rights and obligations under the consolidated
service agreement will be the same as Customer's and Pine Needle's collective
rights and obligations under the individual service agreements prior to
consolidation; and
(b) The consolidation will not, in Pine Needle's sole opinion, affect Pine
Needle's ability to provide firm service to Customer or other Customers; and
(c) The consolidation will not, in Pine Needle's sole opinion, place an
unreasonable burden on Pine Needle or impose an adverse financial impact on
Pine Needle; and
(d) Any regulatory authorizations required to effectuate the consolidation are
granted in a manner acceptable to Pine Needle and Customer.
27.3 Termination of service agreements, if required as part of the consolidation process,
shall not initiate right-of-first-refusal procedures, or initiate the procedures for
allocating available firm capacity as set forth in Section 24 of the General Terms
and Conditions.
27.4 All rights and obligations specified in the individual service agreements to be
consolidated will be specified in the consolidated service agreement.
27.5 Pine Needle's agreement to consolidate service agreements pursuant to this Section
27 shall not be withheld or granted in an unduly discriminatory manner.