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

Third Revised Sheet No. 156 Third Revised Sheet No. 156 : Superseded

Superseding: Sub Second Revised Sheet No. 156

 

 

GENERAL TERMS AND CONDITIONS (Continued)

 

conditions of the respective Agency Authorization Agreement and

the terms and conditions of the underlying Delegated Agreements.

A Shipper may not delegate to more than one third party the same

rights and/or obligations for a Delegated Agreement(s), pursuant

to the terms and conditions of the applicable Agency Authorization

Agreement.

 

(a) Transporter, Shipper and Shipper's Representative to whom

Shipper is delegating its responsibilities must enter into

an Agency Authorization Agreement in one of the forms

provided in this Tariff: (i) Agency Authorization

Agreement; or (ii) Agency Authorization Agreement for

Electronic Data Interchange. Such Agency Authorization

Agreement must be submitted to Transporter, via PASSKEY at

least two (2) days prior to the requested effective date.

Any changes to the Agreement must be submitted (i) via

PASSKEY to Transporter and (ii) in writing to Balancing

Parties at the receipt and delivery points through which the

delegated service is received two (2) days prior to the

effective date of the requested change. Shipper's

Representative shall have all rights and obligations under

the Delegated Agreements as set forth on the Agency

Authorization Agreement. Shipper's delegation to its

Representative(s) pursuant to this Section 19 shall not

confer to either Shipper or Shipper's Representative(s)

rights outside of or in contravention of the terms and

conditions of the Delegated Agreements.

 

(b) Transporter may rely on communications and actions of

Shipper's Representative that are within the scope of the

applicable Agency Authorization Agreement. Such

communications with, and actions by, the Shipper's

Representative that are within the scope of the applicable

Agency Authorization Agreement shall be deemed

communications with or actions by Shipper. Shipper shall

indemnify and hold Transporter harmless from suits, actions,

costs, losses and expenses (including, without limitation,

attorney's fees) arising from claims associated with

Transporter's reliance on such communications and actions of

Shipper's Representative. If Shipper's Representative fails

to meet such obligations under the Delegated Agreements,

then, without Transporter being obligated to proceed against

Shipper's Representative, Shipper shall be liable for all

obligations under the Delegated Agreements.

 

(c) A Shipper's Representative may administer and aggregate

rights under multiple Delegated Agreements as the designated

agent for one or more Shippers provided however, that such

Shipper's Representative (1) shall separately administer and

account for each such Delegated Agreement(s), including

without limitation submitting nominations and calculating

any imbalances, (2) shall utilize such Delegated

Agreement(s) for the transportation, storage, supply

aggregation or balancing of gas for only those Shippers that

have delegated the rights and obligations under their

Delegated Agreement(s), and (3) shall utilize a

Transportation Contract authorized under Rate Schedule FT-GS

for the transportation of gas solely for the delegating FT-

GS Shipper.