Trunkline Gas Company
First Revised Volume No. 1
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Effective Date: 10/18/1999, Docket: RP99-483-000, Status: Effective
Second Revised Sheet No. 196 Second Revised Sheet No. 196 : Effective
Superseding: First Revised Sheet No. 196
GENERAL TERMS AND CONDITIONS
(Continued)
9. CAPACITY RELEASE (Continued)
surcharges. In the event of payment default, subject to
Section 16 herein, Trunkline may elect to terminate that
Replacement Shipper's Capacity Release Service Agreement
which shall terminate all service thereunder utilized by the
Replacement Shipper.
(D) Once Replacement Shipper or PRS is notified of a winning bid,
such Replacement Shipper or PRS shall have all the rights and
obligations specified under the Releasing Shipper's Rate
Schedule, the Releasing Shipper's Service Agreement and the
General Terms and Conditions of this Tariff including the
right to release firm capacity pursuant to this Section
unless the conditions prescribed by the Shipper Notice
require otherwise.
(E) Replacement Shipper shall have no Right of First Refusal with
respect to the released capacity, unless such release is
permanent.
9.7 Rights and Obligations of Trunkline
Trunkline shall determine, in its sole discretion, the best bid
based upon the best bid criteria established pursuant to Section
9.2(A)(11) or Section 9.4(H) herein. Trunkline shall have the
right, but not the obligation, to reject, in whole or in part, the
terms of any Shipper Notice or bid which is discriminatory or
conflicts with any order or regulation issued by the FERC, or
provision of the Service Agreement, Rate Schedule or General Terms
and Conditions. Such Shipper Notice shall be rejected in its
entirety unless Shipper, pursuant to Section 9.2(A)(14), permits a
partial rejection. Trunkline shall provide simultaneous
notification to Shipper, through the Messengerþ system, of the
reason(s) for rejecting a release notice with the notice of
rejection. Trunkline shall not have any liability to any Shipper,
Releasing Shipper, Replacement Shipper, bidder or any other party
as a result of Trunkline's performance of its obligations under
its capacity release program, and such Shippers, Releasing
Shippers, Replacement Shippers, and bidders shall indemnify
Trunkline from and against any and all losses, damages, expenses,
claims, suits, actions and proceedings whatsoever threatened,
incurred or initiated as a result of Trunkline's performance
hereunder, except to the extent such loss, damage, expense, claim,
suit, action or proceeding is the result of Trunkline's
negligence, bad faith or willful misconduct.