B-R Pipeline Company
Original Volume No. 1
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Effective Date: 05/01/2004, Docket: RP04-224-000, Status: Effective
Original Sheet No. 100 Original Sheet No. 100 : Effective
GENERAL TERMS AND CONDITIONS
(Continued)
20. CAPACITY RELEASE (Continued)
For releases of one year or more, if Replacement Shipper or
Prearranged Replacement Shipper fails to so demonstrate, such
released service shall be awarded to the bidder who is
creditworthy and who submitted the bid with the next highest
economic value. If no additional bids were submitted by
creditworthy bidders, then all bidders shall have one (1) week to
demonstrate creditworthiness to Transporter's satisfaction. The
service offered for release shall then be awarded to the bidder
who is creditworthy and who submitted the bid with the highest
economic value. If no creditworthy bids are submitted, the
capacity release process shall terminate, but the Releasing
Shipper may elect to request a release of the subject capacity at
a later time.
(k) Releasing Shipper is responsible for payment of
reservation charges for the release of transportation capacity,
as well as any applicable reservation surcharges under the firm
Service Agreement as it existed before any release(s), except as
provided in Section 21. Transporter shall not be liable to
Releasing Shipper for the revenue credits provided for in Section
21 of the General Terms and Conditions in the event any
Replacement Shipper fails to pay any applicable reservation
charges or applicable reservation surcharges to Transporter.
However, Releasing Shipper shall retain a subrogated right to
demand payment from any Replacement Shipper or Prearranged
Replacement Shipper in the event any Replacement Shipper or
Prearranged Replacement Shipper is delinquent on any such payment
owed Transporter.
(l) Bids may be submitted for any segment of released Rate
Schedule FT-1 capacity subject to the availability of metering
and pipeline capacity at and between the requested receipt and
delivery points. Replacement Shippers or Prearranged Replacement
Shippers may change primary receipt or delivery points as
specified in this Tariff during the term of a capacity release.
At the expiration of each release such changes shall terminate
and the Releasing Shipper shall be entitled to its rights at
receipt and delivery points as they existed prior to the release.
(m) A Releasing Shipper may withdraw its release in accordance
with NAESB Standard 5.3.14 and prior to receipt of a valid bid.