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.