National Fuel Gas Supply Corporation
Fourth Revised Volume No. 1
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Effective Date: 04/21/2010, Docket: RP10-504-000, Status: Effective
Second Revised Sheet No. 482 Second Revised Sheet No. 482
Superseding: First Revised Sheet No. 482
GENERAL TERMS AND CONDITIONS
37 COMBINATION AND MUTUAL TERMINATION OR REDUCTION OF AGREEMENTS
37.1 Combination of Service Agreements
Transporter and Shipper may mutually agree on a not unduly
discriminatory basis to (i) different commencement or termination
dates for specified quantities within the same service agreement
and/or (ii) combine service agreements under the same rate
schedule into a single service agreement with different
termination dates for specified quantitative portions of
Shipper's maximum quantity. Transporter and Shipper may mutually
agree to combine service agreements only to the extent that each
individual service agreement's rates, terms, and conditions can
be distinctly maintained and will not be altered by the
combination. For each service agreement executed in accordance
with this Section 37.1, each of the varying commencement or
termination dates and associated quantities will be set forth on
a separate Appendix A thereto. Each component with a different
commencement or termination date for a specified quantitative
portion of Shipper's maximum quantity within the same service
agreement and reflected in a separate Appendix A will be regarded
as a single service agreement for purposes of Shipper's exercise
of any Right of First Refusal under the provisions of Section 11
of these General Terms and Conditions. In the event of a
constraint or other occurrence that precludes combined
nominations or allocations, Transporter may advise shippers under
such combined service agreements that capacity must be nominated
separately, and is subject to separate allocation, pursuant to
the terms of each separate Appendix A of each service agreement.
Each Appendix A of each combined service agreements will be
identified by its original contract number or such other
identification convention determined to be applicable by
Transporter.
37.2 Mutual Termination or Reduction of Service Agreements
Transporter may, on a not unduly discriminatory basis, agree with
a Shipper to terminate its service agreement prior to its
expiration date or reduce the contract quantity thereunder. The
situations in which Transporter may so agree include, without
limitation, the following:
(a) where shipper responds to a solicitation for capacity release
offers in an open season for capacity requiring the