East Tennessee Natural Gas Company
Second Revised Volume No. 1
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Effective Date: 05/01/2000, Docket: RP00-245-000, Status: Effective
Fifth Revised Sheet No. 145 Fifth Revised Sheet No. 145 : Superseded
Superseding: Fourth Revised Sheet No. 145
GENERAL TERMS AND CONDITIONS (Continued)
(f) GISB Standard 5.3.6 (Version 1.3) states: If the Releasing Shipper wishes to
recall capacity to be effective for a Gas Day, the notice should be provided to
the transportation service provider and the acquiring shipper no later than 8
A.M. Central Clock Time on nomination day. The Releasing Shipper may not effect
a partial day recall of capacity. Such notification will confirm that the
conditions of recall have been met and will be accompanied by the scheduling
information required by Section 15. A Releasing Shipper may specify in the
Release Request whether the recalled capacity is to be reput to the original
Replacement Shipper and the terms of the reput. These terms may be either: (i)
reput must be accepted by the original Replacement Shipper for the original
terms of the release or (ii) reput may be accepted at the option of the original
Replacement Shipper for the original terms of the release. The Releasing
Shipper may effect a reput by notifying Transporter and Replacement Shipper by
8:00 A.M. Central Clock Time on the day of the nomination deadline on the day
prior to the effective date of the reput of entitlements to Replacement Shipper.
(g) Transporter may invalidate any Release Request or any Bid subsequent to its
posting on PASSKEY that does not conform in any material respect, within
Transporter's sole discretion, to the requirements of this Section 17 and such
invalidated Release Request or Bid shall be deemed null and void.
(h) Notwithstanding anything herein to the contrary, all Releasing Shippers that
release capacity on a temporary basis shall remain responsible for payment of
all demand charges for released transportation; provided, however, that
Transporter and Shipper may, in connection with their agreement to a Negotiated
Rate under a firm transportation rate schedule, agree upon Releasing Shipper
payment obligations and crediting mechanisms in the event of a capacity release
that vary from or are in addition to those set forth herein and in Subsection
(i) of this Section; provided that nothing in the foregoing proviso shall
authorize Transporter or Shipper to violate the FERC's policy with respect to
negotiation of terms and conditions of service. The Releasing Shipper shall
receive a demand credit equaling the demand dollars for which Transporter bills
the Replacement Shipper. A demand rate for the purposes of this Section
consists of (i) the base demand rate, and (ii) all applicable surcharges. Any
discount from said rate comes first off the surcharges and then off the base
demand rate. Therefore a Releasing Shipper paying a discounted rate is only
entitled to receive any revenues from the release of its capacity that exceed
the amount of the applicable surcharges.
(i) Transporter shall bill Replacement Shipper in accordance with Section 16 of the
General Terms and Conditions based upon the rates, charges, and surcharges
incorporated in the Released Transportation Service Agreement. The commodity
charges for the Replacement Shipper will include the maximum commodity rate
under the applicable rate schedule including all adjustments. If the
Replacement Shipper fails to pay all or any portion of any bill by the due date
specified on the bill, Transporter shall send an invoice to the Releasing
Shipper for all unpaid amounts up to the amount of the Releasing Shipper's
reservation charge, which the Releasing Shipper shall pay to Transporter with
interest on the unpaid amount, which interest shall be calculated from the date
that Transporter credited the Releasing Shipper for the applicable demand
charges in accord with (h) above. Releasing Shipper shall submit the payment
within ten days of