Texas Eastern Transmission, L P
Seventh Revised Volume No. 1
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Effective Date: 11/16/2009, Docket: RP10-623-000, Status: Effective
First Rev Sixth Revised Sheet No. 538 First Rev Sixth Revised Sheet No. 538
Superseding: Sub Fifth Revised Sheet No. 538
GENERAL TERMS AND CONDITIONS
(Continued)
(e) Unless other arrangements are agreed upon by Pipeline and the Replacement
Customer, any portion of the Replacement Customer's Storage Inventory not
withdrawn or transferred as specified in this Section 3.14(G)(4) shall be
cashed out via a payment by Pipeline to the Replacement Customer based on
the average of the lowest weekly Spot Index Prices for the four Access
Area Zones, as determined pursuant to Section 8.5(C)(3) of these General
Terms and Conditions, during the last thirty (30) Days of the term of the
release transaction, or such shorter time period if (i) the term of the
release transaction is less than thirty (30) Days, or (ii) the Replacement
Customer was unable to utilize its replacement contract for the full term
of such replacement contract due to a recall of the capacity by the
Releasing Customer.
(H) Billing:
(1) Pipeline will bill the Customer releasing capacity the amount it is
obligated to pay Pipeline for (1) Reservation Charges, reservation
surcharges, other fixed costs and (2) Usage Charge(s), volumetric
surcharges, Overrun Charges, Excess Charges, imbalances and/or other
volumetric costs attributable to any capacity retained by such Customer
and Pipeline shall credit the bill of the Customer releasing capacity an
amount equal to the Reservation Charges, surcharges and/or other fixed
cost attributable to capacity rights released by such Customer,
(hereinafter called "Credit Back"); provided, however, Pipeline shall have
the right to reverse such Credit Back and to charge applicable carrying
charges calculated in accordance with Section 154.501(d) of the
Commission's Regulations to the Customer in the event Pipeline is not paid
such charges for the released capacity.
(2) Notwithstanding the foregoing, Pipeline shall be entitled to retain an
agreed upon amount of any applicable Credit Back to be credited to a
Customer when Pipeline, at the request of Customer and upon reaching an
agreement with Customer therefore, takes other action to market such
Customer's released capacity beyond posting the information on the LINK®
System and through electronic data interchange and locates the Replacement
Customer. Pipeline will not be compensated if it does not locate the
Replacement Customer, such as where the Customer has a prearranged deal or
where a Replacement Customer accepts a posted Customer's Notice without
Pipeline actively marketing that released capacity.
(3) For releases that become effective on or after July 30, 2008, the rate
paid by a Replacement Customer in any capacity release transaction with a
term of one (1) year or less which is not subject to the maximum rate cap
will be deemed to be a final rate and is not subject to refund if the
effective date of the release is on or before one (1) year from the date
on which Pipeline was notified of the release.
(I) Capacity Assignment:
Once the conditions of this FERC Gas Tariff are met and the terms and conditions
specified in the Customer's Notice are met, Replacement or Prearranged Customer
and Pipeline will tender an applicable Addendum to the Capacity Release Umbrella
Agreement and the Replacement or Prearranged Customer will be considered as any
other existing Customer on Pipeline's system, subject to the re-release rights
specified by Releasing Customer pursuant to Section 3.14(D)(1)(m) above.