TPS RATE SCHEDULE
THIRD PARTY STORAGE TRANSPORTATION (Cont'd)
(e) Service rights under a TPS Service Agreement may be released and assigned in accordance with
Section 14 (Release and Assignment of Service Rights) of the General Terms and Conditions. Any such released
capacity shall be treated as if it is capacity released under Transporter's FTS Rate Schedule, unless
otherwise agreed by Transporter. Service to a Replacement Shipper under any such release and assignment shall
be subject to the provisions set forth in this Rate Schedule, and in the General Terms and Conditions.
(f) Transporter and Shipper may mutually agree on a not unduly discriminatory basis to (i)
different termination dates for specified volumes of Transportation Demand within the same Service Agreement
and/or (ii) combine Service Agreements under this Rate Schedule into a single Service Agreement under this
Rate Schedule with different termination dates for specified volumes of Transportation Demand. Transporter
and Shipper may mutually agree to combine Service Agreements only to the extent that the individual Service
Agreement's rates, terms, and conditions can be distinctly maintained and will not be altered by the
combination. For each Service Agreement(s) executed in accordance with this Section 2(f), each of the varying
termination dates and associated volumes of Transportation Demand will be set forth on a separate Appendix A
to the Service Agreement applicable to service pursuant to this Rate Schedule. Each component with a different
termination date for a specified volume of Transportation Demand within the same Service Agreement and
reflected in a separate Appendix A will be regarded as a single Service Agreement for purposes of Shipper's
exercise of any right of first refusal under the provisions of Section 4 of the General Terms and Conditions
of Transporter's Tariff. In the event of a constraint or other occurrence that precludes combined nominations
or allocations, Transporter may advise Shippers under such combined Service Agreements that capacity must be
nominated separately, and is subject to separate allocation, pursuant to the terms of each separate Appendix A
of the Service Agreement. Each Appendix A of the combined Service Agreements will be identified by its
original contract number or such other identification convention determined to be applicable by Transporter.
3. SCHEDULING
(a) The scheduling provisions set forth in this Section are in addition to applicable provisions of
Section 6 (Nominating, Scheduling, and Monitoring) of the General Terms and Conditions. Section 6 shall
apply to scheduling when a secondary receipt point and/or a secondary delivery point is being utilized.
(b) Service under this Rate Schedule is offered under the following conditions:
(1) A Shipper under this Rate Schedule may change its nomination at the primary delivery
point no later than two (2) hours after Transporter's posting of deliveries for the final hour of that
Gas Day, thereby creating a transportation imbalance under this Rate Schedule. The permissible change in
nomination at the primary delivery point on any Gas Day will be no greater than an amount equal to
thirty-three percent (33%) of Shipper's MDWQ under Shipper's Service Agreement with the Third Party
Storage Company.
(2) Shipper will be permitted to incur a transportation imbalance (actual receipts compared
to actual deliveries) on its TPS Service Agreement provided that at no time shall Shipper's total
imbalance quantity on its TPS Service Agreement be permitted to exceed an amount greater than an amount
equal to Shipper's TPS Transportation Demand.
|