Texas Eastern Transmission Corporation
Sixth Revised Volume No. 1
Contents / Previous / Next / Main Tariff Index
Effective Date: 06/01/1993, Docket: RS92- 11-009, Status: Effective
Original Sheet No. 896 Original Sheet No. 896 : Effective
FORM OF SERVICE AGREEMENT
FOR RATE SCHEDULE CTS
(Continued)
hereinafter provided. Pipeline or Customer may elect to terminate this Service
Agreement or reduce the MDQ hereunder as of October 31, 2000, or at any time
thereafter by giving written notice of such election not less than two (2) years
prior to the termination or reduction date designated in such notice, unless
waived by the other party and upon approval by the regulatory agency having
jurisdiction.
Upon termination of or reduction of MDQ under this Service Agreement, all
rights of Customer to the capacity provided by the facilities constructed and
utilized to provide the service which has been terminated or reduced shall
terminate and 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 or reduce the MDQ hereunder, then
notwithstanding such termination or reduction, Customer shall continue to pay the
monthly charge provided under Article III of this Service Agreement until the
earlier of October 31, 2010, or the date Pipeline makes effective its next
general rate filing and begins receiving recovery on an alternate basis, which
may include system wide recovery, of the costs of the facilities attributable to
the service which has been terminated or reduced. At such time Customer shall
cease paying the monthly charge attributable to the terminated or reduced
service. If, in the interim between Customer's termination of or reduction of
this Service Agreement and cessation of Customer's payment of the monthly charge
to Pipeline hereunder, Pipeline specifically contracts to use all or part of the
facilities constructed for the CTS service and Pipeline commences one or more
such contracted for replacement firm services, Customer shall be relieved of the
obligation to pay the monthly charge to the extent and for such time that the
facilities are being utilized to provide said replacement services. In addition,
if and to the extent that Customer terminates this Service Agreement or reduces
the MDQ hereunder 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 and 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 less any amount Customer was relieved of due to
impairment of deliveries by Pipeline. Reimbursement shall not be applicable nor
shall demand charges be due from Customer if and to the extent that Pipeline
elects to terminate or reduce 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.