American Midstream (Midla), LLC

Sixth Revised Volume No. 1

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Effective Date: 05/01/2010, Docket: RP10-483-000, Status: Effective

Original Sheet No. 120 Original Sheet No. 120

 

rate until twenty-eight (28) Days after the first release period has ended. A Releasing

Customer shall be deemed the Agent of Prearranged Customer under this Paragraph 4.8

for all purposes, including, without limitation, nominations, scheduling, allocation, and

invoicing by Pipeline and payment of invoices.

 

(b) In the event Customer's Notice designates a Prearranged Customer who wishes to

obtain the released capacity for a term of more than one (1) year under the terms and

conditions contained in the Customer's Notice and agrees to pay the maximum rates for

the released capacity or, in the case of a first time release with a contract length of 31

Days or less, such release may be implemented without being subject to the notification

and bidding procedure set forth in this Section 4; provided, however, that releases under

this Paragraph 4.8(b) shall be posted on Pipeline's Interactive Internet Website no later

than 9:00 a.m. on the day nominations are due under such released capacity.

 

(c) A release of capacity by a Releasing Customer to a Prearranged Customer that is

pursuant to an Asset Management Arrangement (AMA) or state-regulated retail access

program, as such are defined in Section 284.8 of the Commission's Regulations, and

under the terms and conditions contained in the Customer's Notice, may be implemented

without competitive bidding procedures pursuant to this Section 4; provided, however,

that a release pursuant to an AMA must comply with the delivery or purchase obligation

set forth in Section 284.8 of the Commission's Regulations.

 

4.9 Agents or Customers will be permitted to aggregate capacity which firm Customers

wish to release and to release such aggregated capacity through the capacity release

mechanism set forth in this Section 4.

 

4.10 Pipeline, if requested by a Releasing Customer, may actively market any released

capacity under a separate agreement specifying the terms and conditions of actions to

be taken by Pipeline to actively market any capacity which is released by a Releasing

Customer. Pipeline shall be entitled to collect the marketing fee set forth in such

separate agreement if it markets released capacity beyond posting the information on the

Interactive Internet Website and such efforts by Pipeline lead to or result in the execution

of a Service Agreement by a Potential Customer located by Pipeline.

 

4.11 Responsibilities of Parties Executing Service Agreements