§ 62.225. Release, assignment or transfer of capacity.
(a) An NGDC holding contracts for firm storage or transportation capacity, including gas supply contracts with Commonwealth producers, or a city natural gas distribution operation, may release, assign or transfer the capacity or Commonwealth supply, in whole or in part, associated with those contracts to licensed NGSs or large commercial or industrial customers on its system.
(1) A release, assignment or transfer must be made on a nondiscriminatory basis as to price, reliability and functionality.
(2) A release of an NGDC’s pipeline and storage capacity assets must follow the customers for which the NGDC has procured the capacity, subject only to the NGDC’s valid system reliability and Federal Energy Regulatory Commission constraints.
(3) A release, assignment or transfer must be based upon the applicable contract rate for capacity or Pennsylvania supply and be subject to applicable contractual arrangements and tariffs.
(4) The amount released, assigned or transferred must be sufficient to serve the level of the customers’ requirements for which the NGDC has procured the capacity determined in accordance with the NGDC’s tariff or procedures approved in its restructuring proceedings.
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