Capacity Release. If Shipper is a temporary capacity release Replacement Shipper, any capacity release conditions, including recall rights, are set forth on Exhibit A.
Capacity Release. Shipper may release its capacity under this Firm Transportation Service Agreement, up to Shipper's Maximum Daily Transportation Quantity or Maximum Contract Quantity, in accordance with the General Terms and Conditions of Transporter's FERC Gas Tariff.
Capacity Release. Xxxxx agrees to enter into a prearranged capacity release transaction (with right to match) with ENA to permanently release from ENA to Xxxxx a total of 30,000 MMBtu per day of capacity currently held by ENA under the El Paso FT Agreement (the total 30,000 MMBtu per day of El Paso capacity referred to as the “Permanently Released Capacity”). The capacity release from ENA to Xxxxx described in the preceding sentence shall hereinafter be referred to as the “Original El Paso Release”. Xxxxx agrees to satisfy any requirements of El Paso and execute any and all documents as may be reasonably necessary to effectuate the permanent release of the Permanently Released Capacity such that El Paso (i) agrees to look solely to Xxxxx for all obligations with respect to the Permanently Released Capacity and (ii) releases ENA from all obligations for demand/reservation charges, and all other charges related to the Permanently Released Capacity.
Capacity Release. Counterparty shall release to Manager the portion of Counterparty’s right, title and interest in and to those contracts and agreements for Firm transportation and storage transportation capacity listed in Exhibit A, and any and all amendments or modifications thereto. Counterparty’s LNG facility at Daleville, VA shall be used solely by Counterparty and is not included in the Asset Portfolio under this Agreement to be managed by Manager. The releases are on more than one pipeline and are intended to represent, in so far as operationally feasible, all of Counterparty’s transportation and storage transportation assets. Counterparty shall not terminate or materially modify or amend any contract or agreement without prior consultation with Manager. The Parties shall negotiate appropriate and comparable adjustments if the Manager’s ability to render service is reduced and, if unable to reach agreement, the appropriate adjustments shall be submitted to arbitration pursuant to Article XVI.
Capacity Release. Negotiated Rates do not apply as the price cap for capacity release transactions. Further, except as expressly provided for in Section 25 of the General Terms and Conditions of this Tariff, capacity release bids must conform to Transporter's applicable tariff rates, as further described in these General Terms and Conditions.
Capacity Release. Counterparty shall release to Manager the portion of Counterparty's right, title and interest in and to those contracts and agreements for Fin-n transportation and storage capacity listed in Exhibit A, and any and all amendments or modifications thereto. The releases are on more than one pipeline and in more than one storage facility, and are intended to represent, in so far as operationally feasible, all of Counterparty's transportation and storage assets. Counterparty shall not terminate or materially modify or amend any contract or agreement without prior consultation with Manager. The Parties shall negotiate appropriate and comparable adjustments if the Manager's ability to render service is reduced and, if unable to reach agreement, the appropriate adjustments shall be submitted to arbitration pursuant to Article XVII.
Capacity Release. The following procedures apply to all capacity release transactions including releases of capacity, acquisitions of released capacity and related contracting arrangements, as follows: • Prior to posting a capacity release deal, bidding on posted capacity release or creating a new contract request, amending an existing contract or executing a new contract on a Pipeline EBB, all with respect to capacity release, the following approvals must be obtained, as appropriate: • A signed Deal Approval Sheet from the appropriate Trader must be obtained in all circumstances; • Based on the total dollar commitment and term of the deal, additional approvals may be required as specified on the Deal Approval Sheet; and • Prior to any posting, (A) with respect to NJNG, Manager T&E NJNG or VP NJNG, and (B) with respect to NJRES, Director Energy Trading, Director of Marketing must review the posting (i) for Counterparty company affiliates, and (ii) to ensure the posting satisfies FERC’s rules with respect to what is non-biddable, as applicable; provided, however, Senior Counsel must be consulted in the event of any uncertainty with respect to compliance with FERC posting rules. • Only the Scheduling Manager, VP NJNG, Grade 8 schedulers or Grade 7 schedulers, with at least 1 year of experience, who have received appropriate training regarding rules and regulations of capacity release and who have been granted access by their supervisor, may post capacity releases, bid on capacity releases, request new contracts or amendments. If a Trader asks you to do something, but you are not sure you have authority, ASK YOUR SUPERVISOR OR VP ENERGY SERVICES FIRST. • Verify that the Trader has listed all pertinent data on the deal sheet (pipeline, path and/or contract, if recallable or not, rereleasable, biddable, rate, term, volume, and other relevant details). There must be a reason discussed in the box. Ask the Trader about any information that is missing before proceeding. If there are errors or changes necessary, the Trader must complete a new Deal Approval Form. • For capacity release, verify if the release has to be posted for bid. Releases are biddable in most circumstances; however, the following releases are not biddable: ◦ A pre-arranged release to an asset manager where the release contains a condition that the releasing shipper may call upon the replacement shipper to deliver to, or purchase from, the releasing shipper a volume of gas up to 100 percent of the daily contract de...
Capacity Release. Section 7.19 of the Agreement shall be amended and restated in its entirety read as follows:
(a) Except with respect to those agreements set forth on Schedule 7.19 listed as items 3, 4, 5, and 8 thereon, Seller shall use commercially reasonable efforts to release agreements 1, 2, 6, 7, 14, and 15 and to assign agreements 9, 10, 11, 12 and 13 to Buyer for the remainder of the term of such agreements for the firm transportation and storage capacity that Seller holds on the transportation systems of Dominion Transmission, Inc. (“Dominion”), Columbia Gas Transmission Corporation (“Columbia”), and ANR Pipeline Company (“ANR”) (collectively, the “Pipelines”), under the service agreements identified on Schedule 7.19, pursuant to the capacity release and assignment provisions in the Pipelines’ FERC Gas Tariffs. Seller’s obligations in the foregoing sentence with respect to capacity on Dominion and Columbia are conditioned on Buyer becoming an approved bidder pursuant to Dominion’s and Columbia’s FERC Gas Tariffs; and Seller’s obligations with respect to the capacity on ANR are conditioned on Buyer executing a Master Service Agreement with ANR.
(b) With respect to those Agreements set forth on Schedule 7.19 listed as items 3, 4, and 5 thereon, Seller shall use commercially reasonable efforts to cause the primary firm transportation capacity contract holder for such agreements to recall this capacity from Seller and release this capacity to Buyer for the remainder of the term of such agreements. Seller’s obligations in the foregoing sentence are conditioned on Buyer becoming an approved bidder pursuant to Columbia’s FERC Gas Tariff and on the terms of that tariff.
(c) With respect to the Agreement set forth on Schedule 7.19 listed as item 8 thereon, Seller shall use commercially reasonable efforts to cause the storage capacity contract holder for such agreement to transfer this capacity from Seller to Buyer for the remainder of the term of such agreement. Seller’s obligations in the foregoing sentence are conditioned on Buyer becoming an approved Full Requirements Pooling Service contract holder pursuant to Dominion East Ohio (“DEO”) FERC Gas Tariff and on the terms of that tariff.
Capacity Release. It is the Parties’ intent that this Agreement qualifies as an “asset management arrangement” as defined in the Federal Energy Regulatory Commission’s (“FERC”) Order No. 712 and its regulations, as amended, set out in 18 CFR §284.8 (“Order No. 712”). Counterparty shall release to Manager the portion of Counterparty’s right, title and interest in and to those contracts and agreements for Firm transportation and storage transportation capacity listed in Exhibit A and identified as “Transportation Released to Asset Manager,” and any and all amendments or modifications thereto. Such releases will be in the form of non-biddable, pre-arranged releases and will be made in a manner consistent with (a) FERC’s capacity release regulations, and (b) applicable Tariffs. Counterparty’s LNG facility at Daleville, VA shall be used solely by Counterparty and is not included in the Asset Portfolio under this Agreement to be managed by Manager. The releases are on more than one pipeline and are intended to represent, in so far as operationally feasible, all of Counterparty’s transportation and storage transportation assets. Counterparty shall not terminate or materially modify or amend any contract or agreement without prior consultation with Manager. The Parties shall negotiate appropriate and comparable adjustments if the Manager’s ability to render service is reduced and, if unable to reach agreement, the appropriate adjustments shall be submitted to arbitration pursuant to Article XVI.
Capacity Release. It is the Parties’ intent that this Agreement qualifies as an “asset management arrangement” as defined in the Federal Energy Regulatory Commission’s (“FERC”) Order No. 712 and its regulations, as amended, set out in 18 CFR §284.8 (“Order No. 712”). Counterparty shall release to Manager the portion of Counterparty's right, title and interest in and to those contracts and agreements for Firm transportation and storage transportation capacity listed in Exhibit A and identified as “Transportation Released to Asset Manager,” and any and all amendments or modifications thereto. Such releases will be in the form of non-biddable, pre-arranged releases and will be made in a manner consistent with (a) FERC’s capacity release regulations, and (b) applicable Tariffs. Counterparty’s LNG facility at Daleville, VA shall be used solely by Counterparty and is not included in the Asset Portfolio under this Agreement to be managed by Manager. The releases are on more than one pipeline and are intended to represent, in so far as operationally feasible, all of Counterparty's transportation and storage transportation assets. Counterparty shall not enter, terminate or materially modify or amend any contract or agreement that is included in the Asset Portfolio without prior consultation with Manager. Manager understands that Counterparty shall continue to monitor its load patterns and forecasts during the Term. To the extent Counterparty determines that it needs to enter into a new contract or agreement, that it needs to remove, terminate or modify an existing contract or agreement, or if any other material change in the Asset Portfolio occurs, and such addition, removal, termination or change results in altered rights to deliver or store Gas, the Parties will use good faith efforts to negotiate any appropriate and comparable adjustments hereto, including, without limitation, prospective adjustments to the Utilization Fee. If the Parties are unable to reach agreement, the appropriate adjustments shall be submitted to arbitration pursuant to Article XVI.
