Maritimes & Northeast Pipeline, L.L.C.
First Revised Volume No. 1
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Effective Date: 01/01/2009, Docket: RP09-73-000, Status: Effective
Fourth Revised Sheet No. 257 Fourth Revised Sheet No. 257
Superseding: Third Revised Sheet No. 257
GENERAL TERMS AND CONDITIONS
(continued)
9. CAPACITY RELEASE (continued)
(c) Obligations of Replacement or Prearranged Customers. The Replacement or
Prearranged Customer must satisfy all other Pipeline Tariff provisions
governing Customer eligibility and must execute all required agreements and
acknowledgements before it may contract with Pipeline for the released
capacity. In addition, as a pre-requisite to becoming a Replacement or
Prearranged Customer, a party must have been placed by Pipeline on Pipeline's
pre-approved bidder list that is posted on the LINK® System and on Pipeline's
Web site. To be placed on such list, a party must have been accepted by
Pipeline as satisfying the credit standards of Section 3 of the GT&C and must
continue to satisfy the credit standards of Section 3 when its bid is made
and accepted or it is offered as a Prearranged Customer, as applicable.
Pipeline shall process requests for credit approval with diligence. Any
previously listed party that fails to continue to satisfy the standards of
Section 3 of the GT&C shall be deleted from the list. A Replacement or
Prearranged Customer will be deemed to have satisfied the credit requirements
of Section 3 of the GT&C if the Releasing Customer agrees to guarantee the
credit of such Replacement or Prearranged Customer. Any bid submitted via
the LINK® System or electronic data interchange shall include an e-mail
address for at least one contact person, which will not be posted. It is the
bidder's responsibility to update e-mail address information provided to
Pipeline, as necessary. Any bid submitted will legally bind the Replacement
or Prearranged Customer to the terms of the bid if Pipeline chooses such bid
as the Best Bid until written or electronic notice of withdrawal is received
by Pipeline. Any Replacement Customer may make an upward revision to or
withdraw its bid during the Bid Period through the LINK® System; however,
bids cannot be withdrawn after the Bid Period ends. Pipeline will allow any
Prearranged Customer to match, in accordance with Section 9.3(a), the Best
Bid after the close of the Bid Period; however, if Replacement Customer
submits more than one bid for the same capacity, the lower bid will
automatically expire. Replacement Customer shall not have the opportunity to
use its ability to withdraw its bid in order to submit a lower bid. Once the
Replacement or Prearranged Customer is provided with an addendum to its
Capacity Release Umbrella Agreement reflecting the terms of the capacity
release transaction, the Replacement or Prearranged Customer becomes an
existing Customer like any other Customer and is subject to the applicable
provisions of Pipeline's FERC Gas Tariff, including but not limited to
Pipeline's billing and payment and operational provisions. In addition, the
Replacement or Prearranged Customer as an existing Customer may also release
its capacity pursuant to this section, subject to the re-release rights
specified by Releasing Customer pursuant to Section 9.2(a)(20) above.
Nominations may be submitted upon the finalization of all contractual
arrangements, and such nominations will be processed in accordance with the
nomination and scheduling requirements of Sections 5 and 6 of the GT&C;
provided, however, in no circumstances will gas flow prior to the effective
date of the release as specified in the Releasing Customer's Notice.
9.7 Billing.
(a) Pipeline will bill the Customer releasing capacity the amount it is obligated
to pay Pipeline for (1) Reservation Charges (mainline and/or MNLFT)
reservation surcharges, other fixed costs and (2) Usage Charge(s), volumetric
surcharges, imbalances and/or other volumetric costs attributable to any
capacity retained by such Releasing Customer and Pipeline shall credit the
invoice of the Releasing Customer an amount equal to the Reservation Charges
(mainline and/or MNLFT), surcharges and/or other fixed costs 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
Releasing Customer in the event Pipeline is not paid such charges for the
released capacity.