Black Marlin Pipeline Company

First Revised Volume No. 1

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Effective Date: 11/02/1998, Docket: RP99- 15-002, Status: Effective

Substitute Original Sheet No. 211D Substitute Original Sheet No. 211D : Effective

 

GENERAL TERMS AND CONDITIONS

(continued)

 

9.2 Confirmation: All nominations must be confirmed by Shipper in writing

via telecopy on the date of the nomination and must contain a contact

person for upstream and downstream confirmation. Nominations shall not

become effective until Transporter has confirmed the nominated receipts

and deliveries with the upstream and downstream parties. If such

confirmation cannot be obtained, transportation service will be delayed

until such confirmation is obtained.

 

With respect to the Timely Nomination Cycle at a receipt or delivery

point, in the absence of agreement to the contrary, the lesser of the

confirmation quantities should be the confirmed quantity. If there is

no response to a Request For Confirmation or an unsolicited

Confirmation Response, the lesser of the confirmation quantity or the

previously scheduled quantity should be the new confirmed quantity.

 

With respect to the processing of requests for increases during the

Evening, Intraday 1 or Intraday 2 Nomination Cycles, in the absence of

agreement to the contrary, the lesser of the confirmation quantities

should be the new confirmed quantity. If there is no response to a

Request For Confirmation or an unsolicited Confirmation Response, the

previously scheduled quantity should be the new confirmed quantity.

 

With respect to the processing of requests for decreases during the

Evening, Intraday 1 or Intraday 2 Nomination Cycles, in the absence of

agreement to the contrary, the lesser of the confirmation quantities

should be the new confirmed quantity, but in any event no less than the

elapsed-prorated-scheduled quantity. If there is no response to a

Request For Confirmation or an unsolicited Confirmation Response, the

greater of the confirmation quantity or the elapsed-prorated-scheduled

quantity should be the new confirmed quantity.

 

With respect to the preceding three paragraphs, if there is no response

to a request for confirmation or an unsolicited confirmation response,

the Transportation Service Provider should provide the Service

Requester with the following information to explain why the nomination

failed, as applicable:

 

(1) the Service Requester's Transportation Service Provider did not

conduct the confirmation;

 

(2) the Service Requester is told by its Transportation Service

Provider that the upstream confirming party did not conduct the

confirmation;