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.