Texas Eastern Transmission, L P

Seventh Revised Volume No. 1

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Effective Date: 11/16/2009, Docket: RP10-53-000, Status: Effective

Third Revised Sheet No. 982 Third Revised Sheet No. 982

Superseding: Sub Second Revised Sheet No. 982

 

FORM OF SERVICE AGREEMENT

FOR RATE SCHEDULE FTS

(Continued)

 

 

 

Upon termination of this Service Agreement, all rights of Customer to the capacity provided

by the facilities constructed and utilized to provide the service which has been terminated or

reduced shall terminate and such facilities shall be available without limitation for Pipeline's

use as Pipeline, in its sole discretion, deems desirable. If Customer elects to terminate this

Service Agreement, then notwithstanding such termination, Customer shall continue to pay the

monthly charge provided under Article III of this Service Agreement until the earlier of October

31, 2014, or the date Pipeline makes effective its next general rate filing and begins receiving

recovery on an alternate basis, which may include system wide recovery, of the costs of the

facilities attributable to the service which has been terminated or reduced. At such time Customer

shall cease paying the monthly charge attributable to the terminated service. In addition, if and

to the extent that Customer terminates this Service Agreement and the Federal Energy Regulatory

Commission or any other agency having jurisdiction over the premises ever determines that the

facilities attributable to such service are not used and useful in providing Natural Gas service

on Pipeline's system, or otherwise precludes Pipeline from recovering the full original cost of

such facilities, then Customer shall reimburse Pipeline the remaining initial cost of said

facilities not previously recovered by Pipeline through depreciation charges. Such reimbursement

shall not be applicable if and to the extent that Pipeline elects to terminate this Service

Agreement.

 

Any portions of this Service Agreement necessary to correct or cash-out imbalances under this

Service Agreement as required by the General Terms and Conditions of Pipeline's FERC Gas Tariff,

Volume No. 1, shall survive the other parts of this Service Agreement until such time as such

balancing has been accomplished.

 

ARTICLE III

 

RATE SCHEDULE

 

This Service Agreement in all respects shall be and remain subject to the applicable

provisions of Rate Schedule FTS and of the General Terms and Conditions of Pipeline's FERC Gas

Tariff on file with the Federal Energy Regulatory Commission, all of which are by this reference

made a part hereof.