Southeast Supply Header, LLC

Original Volume No. 1

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Effective Date: 02/26/2009, Docket: RP09-276-000, Status: Effective

First Revised Sheet No. 316 First Revised Sheet No. 316

Superseding: Original Sheet No. 316

 

GENERAL TERMS AND CONDITIONS

(CONTINUED)

 

25. CAPACITY RELEASE PROVISIONS (continued)

 

25.2 Obligations of the Parties. (continued)

 

(c) Credits. Except as otherwise agreed to between Transporter

and Releasing Shipper, Releasing Shipper shall receive a

credit against its Monthly Reservation Charges equal to the

amount of reservation rates contained within the

Replacement Shipper's bid subject to the obligations of

Releasing Shipper under Section 25.2(a).

 

(d) Refunds. Releasing Shipper and any Replacement Shipper must

track any changes in Transporter's rates approved by the

Commission. In the event the Commission orders refunds of

any such rates charged by Transporter and previously

approved, Transporter and/or Releasing Shipper, as the case

may be, must make corresponding refunds to such Releasing

Shipper or any Replacement Shipper, to the extent that

Releasing Shipper or Replacement Shipper(s) has paid a rate

in excess of Transporter's just and reasonable, applicable

Maximum Recourse Rates. Transporter shall assume no

liability or responsibility whatsoever for the failure of

the Releasing Shipper to comply with its obligations under

this Section 25.2(d). For releases that become effective

on or after July 30, 2008, the rate paid by a Replacement

Shipper in any capacity release transaction with a term of

one (1) year or less which is not subject to the maximum

rate cap will be deemed to be a final rate and is not

subject to refund if the effective date of the release was

on or before one (1) year from the date on which

Transporter was notified of the release.

 

25.3 Posting of Purchase Offers. Transporter shall allow a potential

Replacement Shipper to post for at least thirty (30) Days its

offers to acquire released firm entitlements. The offer must

contain the following information:

 

(a) The potential Replacement Shipper's legal name and the

name, title, address, phone number and e-mail address of

the individual who will authorize the acquisition of the

available capacity.

 

(b) The daily quantities of capacity which the potential

Replacement Shipper requests.

 

(c) The Receipt Points and/or Delivery Points where capacity is

requested, as applicable.

 

(d) The requested effective date and the term of the

acquisition.