National Fuel Gas Supply Corporation
Fourth Revised Volume No. 1
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Effective Date: 10/16/2002, Docket: RP02-547-001, Status: Effective
Sub. Original Sheet No. 366.02 Sub. Original Sheet No. 366.02 : Effective
GENERAL TERMS AND CONDITIONS
10. CAPACITY RELEASE (Cont'd)
defaulting shipper in the sequence of successive releases will
have priority over a Replacement Shipper further from the
defaulting shipper in such sequence). In this case, all
capacity awards derived from the award qualifying for the
highest priority will remain in effect pending and following
execution of the new source agreement between Transporter and
the Replacement Shipper with the highest priority, and such
Replacement Shipper's rights to such capacity will be subject
to the rights included in such other capacity awards.
(f) If Transporter receives more than one timely service request
under this Section 10.8 from qualified Replacement Shippers in
the situation described in Subsection 10.8(c)(v), with the
same priority as determined by Subsection 10.8(e), Transporter
shall allocate capacity among such Replacement Shippers in
proportion to the maximum transportation quantities specified
in such shippers' awards.
(g) If the Replacement Shipper fails to execute and return the
agreement tendered by Transporter within the period of time
specified by Transporter, which period shall be at least five
(5) business days from the time the agreement is forwarded by
Transporter, the Replacement Shipper shall have no further
rights under this Section 10.8. In such case, the formerly
awarded capacity shall be offered to the qualified Replacement
Shipper that submitted a timely service request with the next
highest priority, if any, under the same conditions. In the
absence of other such requests, the capacity shall be posted
and service requests therefor will be solicited in accordance
with Section 26 of these General Terms and Conditions.