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.