East Tennessee Natural Gas, LLC
Third Revised Volume No. 1
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Effective Date: 07/01/2004, Docket: RP04-362-000, Status: Effective
Original Sheet No. 575 Original Sheet No. 575 : Effective
BALANCING AGREEMENT (continued)
(For Use at Points of Delivery)
4.2 Continuing Obligations - Following the termination of this
Agreement, any remaining Operational Imbalance shall be corrected
in cash in accordance with Rate Schedule LMS-MA of Transporter's
FERC Gas Tariff, unless the Parties mutually agree otherwise;
provided, however, that Transporter has notified Balancing Party
of such imbalance no later than twelve months after the
termination of this Agreement.
4.3 This Agreement will terminate automatically upon written notice
from Transporter in the event that Balancing Party fails to pay
all of the amount of any bill for service rendered by Transporter
hereunder in accord with the terms and conditions of Section 16 of
the General Terms and Conditions of Transporter's FERC Gas Tariff.
5.1 Current Charges - Commencing upon the date of execution, the
rates, charges, and surcharges to be paid by Balancing Party to
Transporter shall be in accordance with Transporter's Rate
Schedule LMS-MA and the General Terms and Conditions of
Transporter's FERC Gas Tariff.
5.2 Incidental Charges - Balancing Party agrees to reimburse
Transporter for any filing or similar fees, which have not been
previously paid for by Balancing Party, which Transporter incurs
in rendering service hereunder.
5.3 Changes in Rates and Charges - Balancing Party agrees that
Transporter shall have the unilateral right to file with the
appropriate regulatory authority and make effective changes in (a)
the rates and charges applicable to service pursuant to
Transporter's Rate Schedule LMS-MA, (b) the rate schedule(s)
pursuant to which service hereunder is rendered, or (c) any
provision of the General Terms and Conditions applicable to those
rate schedules. Transporter agrees that Shipper may protest or
contest the aforementioned filings, or may seek authorization from
duly constituted regulatory authorities for such adjustment of
Transporter's existing FERC Gas Tariff as may be found necessary
to assure Transporter just and reasonable rates.