East Tennessee Natural Gas Company
Second Revised Volume No. 1
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Effective Date: 10/01/2000, Docket: RP00-534-000, Status: Effective
Third Revised Sheet No. 115 Third Revised Sheet No. 115 : Superseded
Superseding: Second Revised Sheet No. 115
GENERAL TERMS AND CONDITIONS (Continued)
sales contract entitlement under the SG or SGS Contract to firm transportation and
shall execute either an FT-A or an FT-GS Agreement at Shipper's option, in
accordance with the provision of Transporter's Rate Schedule FT-A or FT-GS. In the
event that a former shipper under Transporter's SG or SGS Rate Schedule elects new
service under Rate Schedule FT-A, such shipper shall have a one-time option to be
effective one year from the Implementation Date to terminate the FT-A agreement and
enter into an FT-GS agreement for the same Transportation Quantity for a term
commensurate with that of the FT-A agreement. Shipper shall give Transporter three
(3) months prior notice of such election.
7.2 The Contract Demand under converting Shippers' former sales contracts was stated in
cubic feet and the Transportation Quantity for the converted FT-A and FT-GS
Agreements shall be stated in dekatherms. For purposes of this conversion,
Transporter will use the current heating value of 1.03 DTH per million cubic feet
of gas. However, in the event of a significant decline in the heating value of gas
on Transporter's system, Transporter shall not be obligated to deliver more cubic
feet of gas to any Shipper than the quantity calculated using a heating value of
1.03 DTH per million cubic feet, and at such time, Transporter shall meet with
shippers to discuss an appropriate resolution.
7.3 Termination of Long Term Firm Service Agreements. If a Shipper, pursuant to the
terms of an FT-A, FT-GS, or LNGS Service Agreement, elects to terminate its
agreement or exercise its right of first refusal thereunder, the capacity under
such agreement shall be made available in accord with the following:
(a) If Shipper elects, pursuant to the applicable notice requirement included
in Shipper's Service Agreement, to terminate its service agreement, whether
such termination is applicable to the full or only a volumetric portion of
the Transportation Quantity of the service agreement, the availability of
the capacity will be posted on PASSKEY and will be awarded on a first
come/first served basis for all requesting Shippers. Any such volumetric
termination shall reduce the MDQ rights specified in Shipper's service
agreement based on the ratio of the volumetric quantities to be terminated
and the Transportation Quantity in effect immediately prior to the
termination, effective on the date such reduction is effective. In the
event that Shipper elects to terminate, either at the end of the stated
primary term or any extension thereof, pursuant to the applicable terms and
notice requirements included in the service agreement, only a volumetric
portion of its Transportation Quantity included in such service agreement,
then Shipper's prior written notification to Transporter of its intention
to partially terminate such service agreement must expressly state (i) the
volumetric quantity of the Transportation Quantity Customer is terminating;
and (ii) the volumetric quantity of the Transportation Quantity Customer is
retaining. To the extent that Shipper delivers to Transporter a valid
notice pursuant to this Section 7.3(a), Shipper thereafter shall have no
right of first refusal pursuant to Section 7.3(b) below with respect to the
volumetric portion of the Transportation Quantity terminated pursuant to
this Section 7.3(a). Shipper will continue to have a right of first
refusal for that volumetric portion of the Transportation Quantity not
terminated pursuant to this Section 7.3(a).