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