Gulf Crossing Pipeline Company LLC
Original Volume No. 1
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Effective Date: 03/01/2009, Docket: RP09-303-000, Status: Effective
First Revised Sheet No. 1050 First Revised Sheet No. 1050
Superseding: Original Sheet No. 1050
GENERAL TERMS AND CONDITIONS
Section 16
16. CAPACITY RELEASE
16.1 Capacity Release
A Customer may release its firm capacity on Gulf Crossing only
under the firm capacity release mechanism of this Section 16.
Capacity Release hereunder is governed by 18 C.F.R. Section 284.8
of the Commission's Regulations. A Releasing Customer which
contracts for firm transportation service under Part 284 of the
Commission's regulations may notify Gulf Crossing of its desire
to release all or part of its capacity to another party. In
addition, a Replacement Customer may release its capacity
pursuant to and subject to the requirements, procedures and
obligations of this Section.
Any Replacement Customer or Prearranged Customer may seek credit
pre-approval under Gulf Crossing's credit requirements as
outlined in Section 5. To bid or contract for capacity release
transactions all entities must satisfy such credit requirements.
No entity, including but not limited to, Releasing Customer,
shall be entitled to rely on any credit appraisal performed by
Gulf Crossing of any Potential, Prearranged or Replacement
Customer. No Releasing Customer may establish a separate
creditworthiness standard which differs from the one required by
Gulf Crossing. Except as otherwise provided herein, the
Releasing Customer shall remain ultimately liable for all
reservation charges billable for the originally contracted firm
transportation service.
The rate charged the Replacement Customer for a release of
capacity may not exceed the applicable maximum rate, except that
no rate limitation applies to the release of capacity for a
period of one year or less if the release is to take effect on or
before one year from the date on which Gulf Crossing is notified
of the release.
The following categories of capacity release are exempt from
bidding requirements (1) a release of capacity to an asset
manager as defined in 18 C.F.R. Section 284.18 (h)(3) ("Asset
Manager"); (2) a release of capacity to a marketer participating
in a state-regulated retail access program as defined in 18
C.F.R. Section 284.8(h)(4) ("Retail Access Marketer"); (3) a
release for more than one year at the maximum tariff rate; and
(4) a release for any period of 31 days or less (non-rollover).
Any party who desires capacity may request Gulf Crossing to post
a request for capacity ("Capacity Request") on the Internet Web
Site. Such Capacity Request shall be posted on the Internet Web
Site for a period which shall not exceed one (1) month.