Maritimes & Northeast Pipeline, L.L.C.
First Revised Volume No. 1
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Effective Date: 01/01/2009, Docket: RP09-73-001, Status: Effective
Sub Fourth Revised Sheet No. 258 Sub Fourth Revised Sheet No. 258
Superseding: Fourth Revised Sheet No. 258
GENERAL TERMS AND CONDITIONS
(continued)
9. CAPACITY RELEASE (continued)
Pipeline shall notify a Releasing Customer in the event a
Replacement or Prearranged Customer fails to pay part or all
of the amount of any invoice for service provided when such
amount is due in accordance with Section 15 of the GT&C. The
Replacement or Prearranged Customer shall be liable to
Pipeline for all charges incurred by such Replacement or
Prearranged Customer under the new Service Agreement addendum
subject to the other terms of Pipeline's FERC Gas Tariff.
(b) Notwithstanding the foregoing, Pipeline shall be entitled to
bill an agreed upon amount when Pipeline, at the request of
Releasing Customer and upon reaching an agreement with
Releasing Customer therefore, takes other action to market
such Customer's released capacity beyond posting the
information on the LINK® System and locates the Replacement
Customer. Pipeline will not be compensated if it does not
locate the Replacement Customer, such as where the Releasing
Customer has a prearranged deal or where a Replacement
Customer accepts a posted Releasing Customer's Notice without
Pipeline actively marketing that released capacity.
(c) 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 proposed release is on or before one (1) year from the
date on which Pipeline is notified of the release.
9.8 Terms of Release.
(a) Capacity released and available for resale by Pipeline under
this Section 9 shall consist of the MDTQ and MATQ associated
therewith and, if the Releasing Customer is proposing to
release any of its primary points, the MDRO specified in
Releasing Customer's Notice for the Point(s) of Receipt
specified therein and/or the MDDO specified in such notice
for the Point(s) of Delivery specified therein. A Customer's
release of a portion of the MDTQ under any Service Agreement
shall operate as a release of a proportionate amount of the
MATQ thereunder. The Customer acquiring capacity released
under this Section 9 may use other Point(s) of Receipt and
Point(s) of Delivery only as allowed under the applicable
Rate Schedule and Service Agreement. Unless the Release is
permanent and with no rights of recall, the new Service
Agreement may not be amended to change Point(s) of Receipt or
Point(s) of Delivery without the written consent of Releasing
Customer.