East Tennessee Natural Gas, LLC
Third Revised Volume No. 1
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Effective Date: 01/01/2009, Docket: RP09-76-001, Status: Effective
Substitute Fifth Revised Sheet No. 355 Substitute Fifth Revised Sheet No. 355
Superseding: Fifth Revised Sheet No. 355
GENERAL TERMS AND CONDITIONS (Continued)
(m) Replacement Shippers may not change Primary Delivery Points or otherwise
alter the underlying agreement unless agreed to by the Releasing Shipper.
Replacement Shippers may use Secondary Delivery Points.
(n) All transportation rights released hereunder shall be scheduled and
curtailed as firm transportation service under Section 15 of these General
Terms and Conditions. Interruption or curtailment of such released service
shall be in accordance with interruption or curtailment of firm service
under this Tariff and as prescribed by the terms of the release.
(o) In addition to releasing a portion of all capacity rights under a firm
service agreement under Rate Schedule FT-A, capacity rights under Rate
Schedule FT-A may be released in discrete packages representing all or a
fraction of the firm (within Contract Path) capacity rights in any segment
of Transporter's system as provided in Section 19.2 of the General Terms
and Conditions, provided, however, that the sum of capacity released and
scheduled in any segment cannot exceed the MDTQ that the Releasing Shipper
originally contracted for in that segment. Releasing Shippers and
Replacement Shippers shall not have rights through this Section 17.13(o) to
use overlapping segments where, in the overlapped portion, the total
capacity released and scheduled exceeds the original MDTQ.
(p) For releases that become effective on or after July 30, 2008, the rate paid
by a Replacement Shipper in any capacity release transaction with a term of
one (1) year or less which is not subject to the maximum rate cap will be
deemed to be a final rate and is not subject to refund if the effective
date of the release is on or before one (1) year from the date on which
Transporter was notified of the release.
17.14 Partial Day Release Quantity
(a) The daily contractual entitlement that can be released by a Releasing
Shipper for a partial Day release is limited to the lesser of:
(i) the quantity contained in the Release Request submitted by the
Releasing Shipper; or
(ii) a quantity equal to the difference between the MDTQ for the contract
to be released by the Releasing Shipper and the quantity scheduled
for that period of the Day prior to the effective time of the
release of the capacity, based upon the elapsed-prorated-scheduled
This allocated daily contractual entitlement shall be used for purposes of
nominations, billing, and if applicable, for overrun calculations.
(b) If on the Day of a partial Day release the Releasing Shipper's existing
Scheduled Quantity exceeds the MDTQ remaining on the original contract
after the award of the partial Day release, then the Releasing Shipper must
reduce its nominated quantity to a quantity that is equal to or less than
the MDTQ remaining on the original contract.