Texas Eastern Transmission, L P

Seventh Revised Volume No. 1

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Effective Date: 03/14/2010, Docket: RP10-375-000, Status: Effective

First Revised Sheet No. 113 First Revised Sheet No. 113

Superseding: Sub Original Sheet No. 113

 

2/ This negotiated rate shall apply only to service during the

Negotiated Rate Term under Contract No. B12238 up to Customer's

MDQ. This negotiated rate shall continue to apply during the

Negotiated Rate Term in the event Customer initiates a proceeding

under Section 5 of the Natural Gas Act on issues unrelated to

Customer's complaint in Docket No. RP04-254. In addition, this

negotiated rate shall continue to apply during the Negotiated Rate

Term in the event Pipeline initiates a proceeding under Section 4

of the Natural Gas Act or a third party initiates a proceeding to

review Pipeline's rates under Section 5 of the Natural Gas Act and

Customer participates in such proceeding(s) on issues unrelated to

Customer's complaint in Docket No. RP04-254, or on issues related

to Customer's complaint in Docket No. RP04-254 ("Settled Issues")

but the latter only to the extent first raised by Pipeline in a

Section 4 proceeding or a third party in a Section 4 or Section 5

proceeding. In the event Customer elects to participate on Settled

Issues in accordance with the foregoing sentence, Pipeline has the

right to issue a notice of termination for this negotiated rate at

any time after Customer initiates such participation, and such

termination shall be effective as of the effective date of any

change(s) pursuant to such Section 4 proceeding, and effective

immediately upon Customer's receipt of such notice in such Section

5 proceeding. Except as set forth in the two preceding sentences,

Customer shall not raise the Settled Issues during the Negotiated

Rate Term in any proceeding. In no event shall Customer cause a

third party to raise the Settled Issues in any proceeding.

Pipeline shall have the right to terminate this negotiated rate,

effective immediately upon written notice to Customer, in the event

Customer fails to comply with the any of the foregoing requirements

in this footnote 2. Once this negotiated rate becomes effective,

Customer retains the right, pursuant to Section 5 of the Natural

Gas Act, to seek enforcement of the terms of this negotiated rate,

except in circumstances where Customer fails to comply with this

footnote 2.

 

3/ This negotiated rate applies only to natural gas quantities

received at the following receipt points: Meter No. 72770

(PEPL/TETCO (Lebanon Lateral - TETCO Capacity)); Meter No. 79941

(ANR/TETCO (Lebanon Lateral - ANR Capacity)); Meter No. 79951

(TETCO Lebanon Lateral Takeaway Point - Mainline) and Meter No.

70215 (Texas Gas - Lebanon, OH). All other points in Market Zone 2

on Pipeline's Master Meter List are available as receipt points on

an interruptible basis but receipts at any points other than those

specified above shall be at the maximum Recourse Rate.

 

4/ This negotiated rate applies only to natural gas quantities

delivered at the following delivery point: Meter No. 72798

(interconnection of Pipeline and Customer). All other points in

Market Zone 2 on Pipeline's Master Meter List are available as

delivery points on an interruptible basis but deliveries at any

points other than the point specified above shall be at the maximum

Recourse Rate.

 

5/ This negotiated rate shall inure to the benefit of, and be binding

upon, the successors and permitted assigns of the Parties. Neither

Customer nor Pipeline shall assign this negotiated rate or any of

its rights hereunder unless it first shall have obtained the consent

thereto in writing of the other, such consent not to be unreasonably

withheld.