MIGC LLC

Second Revised Volume No. 1

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Effective Date: 05/31/2009, Docket: RP09-563-000, Status: Effective

First Revised Sheet No. 89 First Revised Sheet No. 89

Superseding: Original Sheet No. 89

 

TRANSPORTATION GENERAL TERMS AND CONDITIONS

(Continued)

 

9. Liability of Releasing Shipper - For any capacity release, the

Releasing Shipper may remain liable for the difference between the demand or

reservation charges which the Releasing Shipper was paying in accordance with

the Releasing Shipper's FTS-1 Agreement, and the demand or reservation

charges the Replacement Shipper is willing to pay. Any other outstanding

payments, penalties, imbalances or other liabilities accrued by the

Replacement Shipper will be the responsibility of the Replacement Shipper.

The releasing Shipper need not execute an amendment for the released capacity;

however, where capacity has been released for the entire remaining term of the

Releasing Shipper's Service Agreement, the Releasing Shipper may request

Transporter to amend its Service Agreement to reflect the release of capacity.

 

MIGC shall provide the original Releasing Shipper with Internet E-mail

notification reasonably proximate in time with any of the following formal

notices given by MIGC to the Releasing Shipper's Replacement Shipper(s), of

the following:

 

(1) Notice to the Replacement Shipper regarding the Replacement

Shipper's past due, deficiency, or default status pursuant to MIGC's tariff;

 

(2) Notice to the Replacement Shipper regarding the Replacement Shipper's

suspension of service notice;

 

(3) Notice to the Replacement Shipper regarding the Replacement Shipper's

contract termination notice due to default or credit-related issues; and

 

(4) Notice to the Replacement Shipper that the Replacement Shipper(s) is

no longer creditworthy and has not provided credit alternative(s) pursuant to

MIGC's tariff.

 

10. Rates Charged for Capacity Release - The rate charged the Replacement

Shipper for a release of capacity may not exceed the applicable maximum rate,

except that no rate limitation applies to the release of capacity for a period

of one year or less if the release is to take effect on or before one year

from the date on which MIGC is notified of the release. Payments or other

consideration exchanged between the Releasing and Replacement Shippers in a

release to an asset manager as defined in Section 284.8(h)(3) of the

Commission's regulations are not subject to the maximum rate.

 

18. DESCRIPTIVE HEADINGS

 

1. The descriptive headings of the provisions of the executed

Transportation Service Agreement and of these Transportation General Terms and

Conditions are formulated and used for convenience only and shall not be

deemed to affect the meaning or construction of any such provision.