Texas Eastern Transmission, L P
Seventh Revised Volume No. 1
Contents / Previous / Next / Main Tariff Index
Effective Date: 03/14/2010, Docket: RP10-375-000, Status: Effective
Fourth Revised Sheet No. 646 Fourth Revised Sheet No. 646
Superseding: Third Revised Sheet No. 646
GENERAL TERMS AND CONDITIONS
(Continued)
30. SEGMENTATION, POINT RIGHTS AND RELATED SCHEDULING
30.1 Segmenting of Capacity by Means of Nomination.
(a) In addition to any other transportation rights under the applicable Rate
Schedule and related Service Agreement, a Customer under Rate Schedules CDS,
FT-1 and SCT shall have the right to segment the contract capacity held by
utilizing multiple receipts and deliveries within the Market Area Zones
containing the Customer's Transportation Path. The right to segment is
subject to the requirement that a Customer's utilization pursuant to its
contract, and if such contract is the result of capacity release the
utilization of all other Customers of capacity rights derived from the
original firm contract, does not exceed in the aggregate (based on all
relevant Customer utilization) the contract entitlements of the original firm
contract in any segment (including, without limitation, the MDQ, Zone Boundary
Entry or Zone Boundary Exit Quantities) where the nominated transactions
overlap.
(b) For the purpose of determining whether any overlapping transactions exceed in
the aggregate (based on all relevant Customer utilization) the contract
entitlements, a transaction that involves movement of Gas in the same
direction as that contemplated by the Primary Point(s) of Receipt and the
Primary Point(s) of Delivery on the firm service agreement and a transaction
that involves movement of Gas that is counter to the direction contemplated by
the Primary Point(s) of Receipt and the Primary Point(s) of Delivery nominated
to the same Point of Delivery for the same Gas flow date and time shall not be
deemed to be an overlap at that Point of Delivery; provided, however, in no
event shall Pipeline be obligated to deliver on a primary firm basis at that
Point of Delivery a quantity in excess of the MDDO or Section 14.9 Firm
Capacity applicable to that Point of Delivery. For the purpose of determining
whether any overlapping transactions in a segment exceed in the aggregate
(based on all relevant Customer utilization) the contract entitlements for
that segment, a transaction that involves movement of Gas in the same
direction as that contemplated by the Primary Point(s) of Receipt and the
Primary Point(s) of Delivery on the firm service agreement and a transaction
that involves movement of Gas that is counter to the direction contemplated by
the Primary Point(s) of Receipt and the Primary Point(s) of Delivery nominated
on the same segment for the same Gas flow date and time shall be deemed to be
an overlap on the segment.
(c) In the event that a Releasing Customer and/or its Replacement Customer(s)
submit overlapping nominations which in sum exceed in any segment, in the
aggregate, the level of entitlement for which the Releasing Customer
originally contracted, the relative priority of each nomination shall be
determined first according to the scheduling procedures in Section 4.1 of the
General Terms and Conditions and the Secondary Point priorities specified in
Section 30.6(b) below, then by applying the overlap priorities provided in the
Releasing Customer's Notice pursuant to Section 3.14(D)(1) of the General
Terms and Conditions. If the Releasing Customer fails to provide overlap
priorities in its notice, Pipeline shall allocate capacity to the overlapping
nominations pro rata based on nominations.
(d) Unless the point at which Gas is received or to which Gas is delivered is
designated in Customer's service agreement as having an MDRO, MDDO, or Section
14.9 Firm Capacity, and the quantity being received or delivered is within the
applicable contractual limits, such point shall be a Secondary Point, subject
to the Zone Boundary Exit/Entry provision set forth in Section 30.3 below.