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