Destin Pipeline Company, L.L.C.

Original Volume No. 1

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Effective Date: 02/23/2009, Docket: RP09-251-000, Status: Effective

Fourth Revised Sheet No. 98 Fourth Revised Sheet No. 98

Superseding: Third Revised Sheet No. 98

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

18. SHIPPER RELEASE OF FIRM CAPACITY

 

18.1 General:

 

This Section 18 sets forth the sole means by which a firm SHIPPER

(RELEASING SHIPPER) may, pursuant to Section 284.8 of the

Commission's Regulations, release its firm capacity rights under

a Service Agreement with the COMPANY to a third party (ACQUIRING

SHIPPER).

 

18.2 Capacity Eligible For Release:

 

A SHIPPER with a Service Agreement with the COMPANY under Rate

Schedules FT-1 and FT-2 may release firm capacity pursuant to

this Section 18.

 

18.3 Types of Releases:

 

(a) Permanent Release: A RELEASING SHIPPER may release all or

part of its firm capacity under a Service Agreement with the

COMPANY for the entire remaining term of the Service

Agreement (Permanent Release) pursuant to the provisions of

this Section 18. A Permanent Release is an assignment of

capacity and any associated rights of the RELEASING SHIPPER

under Section 17 hereof for avoiding pregranted abandonment.

Therefore, the ACQUIRING SHIPPER must meet the COMPANY's

requirements related to creditworthiness set forth in

Section 2.1(g) of the General Terms and Conditions

applicable to the RELEASING SHIPPER's Service Agreement.

The ACQUIRING SHIPPER shall be required to execute a

separate firm Service Agreement with the COMPANY for the

released capacity at the maximum rate applicable to and for

the primary term remaining under the RELEASING SHIPPER's

Service Agreement with the COMPANY, unless the COMPANY

agrees otherwise in a nondiscriminatory manner.

Furthermore, the ACQUIRING SHIPPER must contract for the

firm Receipt and Delivery Points specifically set forth in a

RELEASING SHIPPER's Offer of firm capacity under Section

18.6(c) below or alternate Receipt Points subject to the

availability of capacity at and from such points.