Texas Eastern Transmission Corporation
Sixth Revised Volume No. 1
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Effective Date: 06/01/1993, Docket: RS92- 11-009, Status: Effective
Original Sheet No. 846 Original Sheet No. 846 : Effective
FORM OF SERVICE AGREEMENT
FOR RATE SCHEDULE FTS-2
(Continued)
ARTICLE II
TERM OF AGREEMENT
This Service Agreement shall become effective on and shall
continue in force and effect until and including March 31, 2002 ("Primary Term")
and shall continue thereafter unless terminated by either party at the end of the
Primary Term or the end of any subsequent month by twelve (12) months prior
written notice.
Customer hereby expressly acknowledges and agrees that, to the extent not
utilized by Customer for transportation of gas for Customer's account, Pipeline
has the sole right to utilize any pipeline capacity attributable to facilities
constructed by Pipeline to provide service pursuant to this Service Agreement as
part of Pipeline's overall general system capacity. To that end, Customer agrees
not to instigate or cause to be instigated any action designed to alter or
increase Customer's right to utilize the pipeline capacity attributable to
facilities constructed by Pipeline to provide service pursuant to this Service
Agreement. Upon termination of this Service Agreement, all rights of Customer to
the transportation service provided by the facilities constructed and utilized to
provide service hereunder shall terminate and the capacity provided by such
facilities shall be available without limitation for Pipeline's use as Pipeline
in its sole discretion deems desirable. If Customer elects to terminate this
Service Agreement, then notwithstanding such termination Customer shall continue
to pay the monthly charge provided under Section 3.2(A) of Rate Schedule FTS-2
until the earlier of (i) the date Pipeline recovers through said monthly charge
the full original cost of the facilities attributable to the service which has
been terminated, or (ii) the date Pipeline makes effective its next general rate
filing and begins receiving recovery on an alternate basis, which may include
systemwide recovery, of the costs of facilities attributable to the service which
has been terminated. At such time Customer shall cease paying the monthly charge
attributable to the terminated service. In addition, if and to the extent that
Customer terminates this Service Agreement and the Federal Energy Regulatory
Commission or any other Agency having jurisdiction over the premises ever
determines that the facilities attributable to such service are not used or
useful in providing natural gas service on Pipeline's system or otherwise
precludes Pipeline from recovering the full original cost of such facilities then
Customer shall reimburse Pipeline the remaining initial cost of said facilities
not previously recovered by Pipeline through depreciation charges. Such
reimbursement shall not be applicable if and to the extent that Pipeline elects
to terminate this Service Agreement.
Any portions of this Service Agreement necessary to correct or cash-out
imbalances under this Service Agreement as required by the General Terms and
Conditions of Pipeline's FERC Gas Tariff, Volume No. 1, shall survive the other
parts of this Service Agreement until such time as such balancing has been
accomplished.