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