East Tennessee Natural Gas, LLC

Third Revised Volume No. 1

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Effective Date: 12/01/2008, Docket: RP97-13-034, Status: Effective

Original Sheet No. 33 Original Sheet No. 33




Customer Name: CNX Gas Company LLC

Contract Number: 410344 1/

Rate Schedule: FT-A (Patriot)

Demand Rate: 2/ 3/ 4/

Commodity Rate: 2/ 3/ 4/

Term of Negotiated Rate: 12/1/08 - 11/30/2023

Quantity: 4,000 Dth/d

Receipt Point(s): 59315

Delivery Point(s): 5/



1/ The designated service agreement does not deviate in any material respect from the form of

Service Agreement contained in Transporter's Tariff.


2/ The negotiated rate shall be a Monthly Demand Rate of $9.674 per Dth. There is no commodity

charge for the service described herein. In addition to these rates, Shipper shall pay all

applicable charges and mandatory surcharges (such as FERC Annual Charge Adjustment) and fuel

and lost and unaccounted for gas as set forth in Transporter's Tariff as revised from time to

time pursuant to Transporter's Tariff. Shipper shall not be charged for any voluntary

surcharges such as GRI Rate Adjustment.


3/ In consideration of the rates set forth above, the applicable rates for service under the

Service Agreement during the Primary Term shall remain as stated above. Therefore, pursuant

to Section 4.5 of the FT-A Rate Schedule of Transporter's FERC Gas Tariff, the rates set

forth above shall constitute Negotiated Rates. The Negotiated Rates shall replace the

otherwise generally applicable maximum recourse rate, rate component, charge or credit in

Transporter's FERC Gas Tariff ("Tariff Rates"), and the Tariff Rates shall not apply to or be

available to Shipper for service under the Service Agreement during the Primary Term (to the

extent that such Tariff Rates are inconsistent with the rates set forth above),

notwithstanding any adjustments to such generally applicable maximum recourse rate, rate

component, charge or credit which may become effective during the Primary Term.


4/ If, at any time after service commences under the Service Agreement, Transporter is

collecting its effective maximum recourse rates from other Shippers subject to refund under

Section 4 of the Natural Gas Act, Transporter shall have no refund obligation to customer

even if the final maximum rate is reduced to a level below the Negotiated Rates provided

herein. Customer's right to receive credits relating to Transporter's penalty revenue or

other similar revenue, if any, applicable to transportation service on Transporter's system

shall be governed by Transporter's FERC Gas Tariff and any applicable FERC orders and/or

regulations. In the event customer releases its firm transportation rights under the Service

Agreement, Shipper shall continue to be obligated to pay Transporter for the difference, if

any, by which the Negotiated Rate herein exceeds the release rate.


5/ 59204 (2,800 Dth/d)

53101 (1,200 Dth/d)