Ngo Transmission, Inc.
Original Volume No. 1
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Effective Date: 03/01/2009, Docket: RP09-238-000, Status: Effective
First Revised Sheet No. 92 First Revised Sheet No. 92
Superseding: Original Sheet No. 92
months from date of initial sales invoice with a three (3) month
rebuttal period, excluding government-required rate changes. This
standard shall not apply in the case of deliberate omission or
misrepresentation or mutual mistake of fact. Parties' other
statutory or contractual rights shall not otherwise be diminished
by this standard.
11. TEMPORARY RELEASE OR PERMANENT ASSIGNMENT OF RIGHTS TO FIRM
TRANSPORTATION SERVICE
11.1 Applicability: This Section 11 implements in principle the
Commission's Regulations at 18 C.F.R. Section 284.8 and is
applicable to any Shipper that holds rights to firm service
capacity that elects temporarily to release or permanently to
assign all or a portion of such firm capacity rights ("Releasing
Shipper"). The term "release" or "released" shall apply to
permanent assignments as well as temporary releases unless
otherwise noted. A Releasing Shipper shall have the right to
release any portion of its firm service rights and obligations but
only to the extent that the rights so released are acquired by
another party pursuant to the provisions of this Section 11 and
such party executes a service agreement with Transporter and meets
all other obligations required under this Tariff to receive
service from Transporter. Such party shall be referred to herein
as "Replacement Shipper". A person that desires to bid on and
obtain firm service rights released under the provisions of this
Section 11 shall be known as a "Bidder."
11.2 Notwithstanding any other provision in this Section 11, unless and
until Transporter notifies Shipper that it has installed or
otherwise commissioned the use of an interactive electronic
service, the posting and bidding requirements and timelines
specified in this Section 11 shall be accommodated in a manner
agreed upon by Transporter, Releasing Shipper, and/or Replacement
Shipper. Any such agreement may provide for the use of E-mail,
telephone, facsimile, and/or other mutually agreeable methods.
11.3 Pre-Arranged Releases: Any Firm Shipper desiring to release all
or part of its capacity rights may do so by pre-arrangement with a
Replacement Shipper or by use of a bidding procedure. The
following pre-arranged releases are exempt from the bidding
procedure: (i) releases to an asset manager as defined by FERC
regulations at 18 C.F.R. Section 284.8; (ii) releases to a
marketer participating in a state-regulated retail access program
as defined by FERC regulations at 18 C.F.R. Section 284.8; (iii)
releases for more than one year at the maximum rate; and (iv)
releases with terms of thirty-one (31) days or less, except