Texas Eastern Transmission Corporation
Sixth Revised Volume No. 1
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Effective Date: 09/23/1999, Docket: RP99-480-000, Status: Effective
Second Revised Sheet No. 469 Second Revised Sheet No. 469 : Effective
Superseding: First Revised Sheet No. 469
GENERAL TERMS AND CONDITIONS
(Continued)
refunds, Pipeline will work out refunds with and among the various parties
with whom it dealt in the capacity release situation, and pending such
resolution with the various parties shall deposit such refunds in an escrow
account.
(2) Obligations of Customer
The service agreement of the Customer will remain in full force and effect,
with a portion of the proceeds attributable to any release and assignment
credited to the existing Customer's bill as provided in Section 3.14(H).
The Customer shall remain ultimately liable to Pipeline for all Reservation
Charges and Reservation Surcharges under the terms of its service agreement
with Pipeline. Under negotiated rate agreements, the Releasing Customer is
obligated to pay the Pipeline the difference by which the negotiated rate
exceeds the rate paid by the Replacement Customer. Under negotiated rate
agreements, Pipeline and the Releasing Customer may agree upon payment
obligations and crediting mechanisms which vary from or are different from
those set forth in Pipeline's capacity release provisions. However, no new
obligation or liability is created as a result of such assignments of the
rights and obligations under the service agreement. If Pipeline waives any
credit requirements for a Prearranged Customer or a Replacement Customer,
Pipeline shall limit the liability of the Customer to the extent of such
credit waiver, unless Customer agrees to the waiver. To the extent
Pipeline does not require continuing assurances of creditworthiness under
Section 3.5 of the General Terms and Conditions for Prearranged Customers
or Replacement Customers any less than it does its Customer, Customer
continues to be liable. For Customers under Rate Schedule SS-1 who elect,
under Section 2.5 of Rate Schedule SS-1, to convert all or a portion of
their service to service under Rate Schedule FT-1 and FSS-1 for the
duration of the capacity release, such SS-1 Customer shall be liable for
all Reservation Charges and reservation surcharges, attributable to such
released quantity. The Replacement or Prearranged Customer shall be liable
to Pipeline for all charges incurred by such Replacement or Prearranged
Customer, such as the Usage Charge(s), volumetric surcharges, Overrun
Charges, Excess Charges, imbalances or other volumetric costs. In the
event there is a permanent release of Customer's capacity, Pipeline will
agree to discharge the Customer of liability, on a prospective basis, in
whole or in part. Any Customer retaining the right of recall must provide
notification via the LINK® System to Pipeline and Replacement Customer by
8:00 am CT on the day nominations are due, provided such recall conforms to
the recall terms of such Customer's Notice and such recall does not
constitute a waiver or modification of Section 4 of Pipeline's General
Terms and Conditions and such recall of capacity is not for a partial day.
Any Customer may exercise a right of recall, subject to the provisions
herein, in the event a Replacement or Prearranged Customer fails to pay
part or all of the