East Tennessee Natural Gas Company
Second Revised Volume No. 1
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Effective Date: 05/01/2000, Docket: RP00-534-000, Status: Effective
First Rev Second Revised Sheet No. 147 First Rev Second Revised Sheet No. 147 : Superseded
Superseding: First Rev First Revised Sheet No. 147
GENERAL TERMS AND CONDITIONS (Continued)
nominations and scheduling instructions of the Replacement
Shipper. The Replacement Shipper will indemnify Transporter
against any claim or suit by the Releasing Shipper, its
successors or assigns, arising from any action taken by
Transporter in reliance upon the nominations and scheduling
instructions of the Replacement Shipper and will hold
Transporter harmless for any actions taken by Transporter in
reliance upon the instructions of the Releasing Shipper.
However, Transporter shall not be relieved of liability for
its own negligent actions or wrongful conduct.
(m) Replacement Shippers may not change Primary Delivery Points
or otherwise alter the underlying agreement. Replacement
Shippers may use Secondary Delivery Points.
(n) All transportation rights released hereunder shall be
scheduled and curtailed as firm transportation service under
Section 15 of these General Terms and Conditions.
Interruption or curtailment of such released service shall
be in accordance with interruption or curtailment of firm
service under this Tariff and as prescribed by the terms of
the release.
(o) The rate paid by a Replacement Shipper in any capacity
release transaction with a term of less than one (1) year
during the period from March 27, 2000, through September 30,
2002, or any later date established by the Commission, which
is not subject to the maximum rate cap will be deemed to be
a final rate and is not subject to refund.
18. TEMPORARY RELEASE OR PERMANENT ASSIGNMENT OF RIGHTS TO LNGS SERVICE
18.1 Applicability - This Section 18 implements Section 284.8 of the
FERC's regulations and is applicable to any Shipper that holds
rights to LNGS Service pursuant to Transporter's Rate Schedule
LNGS, that elects to temporarily release or permanently assign all
or a portion of such storage rights ("Releasing Shipper"). A
Releasing Shipper shall have the right to release any portion of
its storage rights but only to the extent that the rights so
released are acquired by another party pursuant to the provisions
of this Section 18, that executes either a Released Storage
Service Agreement for a temporary release or a Pre-Assignment
Agreement for a permanent assignment. Such party shall be
referred to herein as "Replacement Shipper". A person that
desires to bid on and obtain storage rights released under the
provisions of this Section 18 shall be known as a "Bidder."
18.2 Releasing Shipper's Request - A Releasing Shipper that desires to
release its rights to LNG storage in a manner that does not
qualify for an exemption to posting pursuant to Section 18.11, may
post directly on PASSKEY, a Release Request, containing the
following information:
(a) Releasing Shipper's name and LNGS service agreement number;
(b) the Maximum Daily LNGS Quantity and Winter Season Quantity
to be released (including any minimum acceptable quantity);