Rockies Express Pipeline LLC (Entrega)

Second Revised Volume No. 1

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Effective Date: 09/01/2007, Docket: CP06-354-002, Status: Effective

Original Sheet No. 211 Original Sheet No. 211 : Effective

 

GENERAL TERMS AND CONDITIONS

 

15. CAPACITY RELEASE BY FIRM SHIPPERS (Contd.)

15.14 NOMINATIONS/SCHEDULING; RECALLS AND REPUTS (Contd.)

 

D. Quantity Allocation

 

In the event of an Intra-Day Capacity recall, Transporter

shall determine the allocation of Capacity between the Releasing

Shipper and the Replacement Shipper(s) based upon the Elapsed

Prorata Capacity (EPC). In any recall notification provided to

Transporter, the quantity must be expressed in terms of the

adjusted total released Capacity entitlements based upon EPC.

EPC means that portion of the Capacity that would have

theoretically been available for use prior to the effective time

of the Intra-Day recall based upon a cumulative uniform hourly

use of the Capacity. The amount of the Capacity allocated to the

Replacement Shipper(s) must equal the original released Capacity

less the recalled Capacity that is adjusted based upon the EPC.

Transporter shall not be obligated to deliver in excess of the

total daily contract quantity of the release as a result of any

recall. The service flexibility available to either the

Releasing Shipper or the Replacement Shipper for the subject

Capacity shall not be less as a result of the recall.

 

E. Reputs

 

When Capacity is recalled, it may not be reput for the same

Gas Day.

 

F. Disputes

 

In the event of a dispute between the Releasing Shipper

and any other person as to the validity of any recall or reput, or

the status of the holder of the Capacity rights, Transporter shall

be entitled to conclusively rely on any notice provided by the

Releasing Shipper. The Original Shipper, Replacement Shipper

and/or Subreplacement Shipper involved in any such dispute shall

indemnify and hold Transporter harmless from any costs, damages or

expenses relating to Transporter's reliance on such notice.