Texas Eastern Transmission Corporation
Sixth Revised Volume No. 1
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Effective Date: 03/27/2000, Docket: RP00-535-000, Status: Suspended
Fifth Revised Sheet No. 471 Fifth Revised Sheet No. 471 : Suspended
Superseding: Fourth Revised Sheet No. 471
GENERAL TERMS AND CONDITIONS
(Continued)
with Pipeline, the Replacement or Prearranged Customer becomes an existing
Customer like any other Customer and is subject to the applicable
provisions of Pipeline's FERC Gas Tariff, including but not limited to
Pipeline's billing and payment and operational provisions. In addition,
the Replacement or Prearranged Customer as an existing Customer may also
release its capacity pursuant to this Section.
(H) Billing:
(1) Pipeline will bill the Customer releasing capacity the amount it is
obligated to pay Pipeline for (1) Reservation Charges, reservation
surcharges, other fixed costs and (2) Usage Charge(s), volumetric
surcharges, Overrun Charges, Excess Charges, imbalances and/or other
volumetric costs attributable to any capacity retained by such Customer
and Pipeline shall credit the bill of the Customer releasing capacity an
amount equal to the Reservation Charges, surcharges and/or other fixed
cost attributable to capacity rights released by such Customer,
(hereinafter called "Credit Back"); provided, however, Pipeline shall have
the right to reverse such Credit Back and to charge applicable carrying
charges calculated in accordance with Section 154.501(d) of the
Commission's Regulations to the Customer in the event Pipeline is not paid
such charges for the released capacity.
(2) Notwithstanding the foregoing, Pipeline shall be entitled to retain an
agreed upon amount of any applicable Credit Back to be credited to a
Customer when Pipeline, at the request of Customer and upon reaching an
agreement with Customer therefore, takes other action to market such
Customer's released capacity beyond posting the information on the LINK®
System and through electronic data interchange and locates the Replacement
Customer. Pipeline will not be compensated if it does not locate the
Replacement Customer, such as where the Customer has a prearranged deal or
where a Replacement Customer accepts a posted Customer's Notice without
Pipeline actively marketing that released capacity.
(3) The rate paid by a Replacement Customer 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.
(I) Capacity Assignment:
Once the conditions of this FERC Gas Tariff are met and the terms and conditions
specified in the Customer's Notice are met, Replacement or Prearranged Customer
and Pipeline will finalize an applicable Addendum to the Capacity Release
Umbrella Agreement and the Replacement or Prearranged Customer will be
considered as any other existing Customer on Pipeline's system.
(J) Release of Discrete Packages:
In addition to releasing a portion of all capacity rights under a firm service
agreement under Rate Schedules CDS,