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. 112 Original Sheet No. 112 : Effective
GENERAL TERMS AND CONDITIONS
(Continued)
22. AVAILABLE CAPACITY (Continued)
22.2 Posting (Continued)
Regardless of the termination notice, if no acceptable bids have
been received by Transporter at least 10 days prior to the date
capacity will become available, Transporter may post such capacity
for a subsequent bid period(s) of 24 hours.
If Transporter elects to reserve capacity under an expiring or
terminating agreement as provided in Section 22.2(c) below,
Transporter will post such capacity as provided in this Section
22.2(b) for use on an interim basis, but Transporter will indicate
in its posting that such capacity is reserved for future use.
(c) Reserved Capacity. Transporter may elect to reserve for
future expansion projects any unsubscribed capacity or capacity
under expiring or terminating service agreements where such
agreements do not have a right of first refusal. If Transporter
elects to reserve capacity, it will notify Shippers of its intent
on the earlier of the following dates: (1) the date on which
expiring or terminating capacity is required to be posted in
accordance with Section 22.2(b) above, (2) the date on which
Transporter executes a Letter of Intent with a prospective Shipper
which requires the reservation of capacity or (3) the date on
which Transporter begins an open season for a related expansion
project.
Capacity may be reserved for up to one year prior to Transporter
filing for certificate approval for construction of the proposed
expansion and thereafter until such expansion project is placed
into service. Reserved capacity will be made available on an
interim basis and will be posted for competitive bid. If
certificate approval is not granted or if Transporter determines
that an expansion project should not or cannot be completed,
Transporter will post the reserved capacity for a bid period(s) of
no less than 24 hours and, in aggregate, no more than six (6)
months, subject to prior interim commitments of such capacity.
(d) Pre-Arranged Capacity. Transporter may enter into a
pre-arranged service agreement with any party for available
unsubscribed capacity or capacity that will become available under
an expiring or terminating agreement; provided that Transporter
will post the terms of the pre-arranged transaction