Centerpoint Energy - Mississippi River
Third Revised Volume No. 1
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Effective Date: 04/01/2003, Docket: RP00-410-006, Status: Effective
Second Substitute Original Sheet No. 253 Second Substitute Original Sheet No. 253 : Effective
Superseding: Substitute Original Sheet No. 253
GENERAL TERMS AND CONDITIONS
(continued)
35. SEGMENTATION OF CAPACITY
35.1 To the extent operationally feasible, a Customer that has
contracted with MRT for firm transportation under Rate Schedule FTS over a
Primary Path may, pursuant to the provisions of this Section 35, segment its
Primary Path for its own use or for the purpose of releasing that capacity to
a Replacement Customer by identifying, through nomination or through the
capacity release process, respectively, points along the Primary Path, subject
to MRT's tariff and the availability of capacity. Such a Customer also may
seek to segment using a Secondary Path which it identifies during the release
or nomination process by notifying MRT of the receipt and delivery points
delineating same. Segment Receipt Point(s) and Segment Delivery Point(s)
shall mean points along a Primary or Secondary Path, as applicable, unless
explicitly provided for otherwise. Unless a segment point is a primary point,
or becomes a primary point in accordance with the provisions of MRT's tariff,
segment points nominated by a Customer for the purpose of segmenting for its
own use are secondary points. Additionally, all points utilized in
conjunction with a Secondary Path will be secondary points, unless any such
segment point becomes, subject to the availability of capacity and in
accordance with the provisions of MRT's tariff, a primary point. A Releasing
Customer may also request during segmentation a new Primary Path (Primary
Receipt Point and Primary Delivery Point) for the Replacement Customer which
is outside Releasing Customer's Primary Path, subject to the availability of
capacity and in accordance with the provisions of MRT's tariff, including, but
not limited to, the terms set forth herein. If an existing Primary Path
Segment is to be released to a Replacement Customer, the Releasing Customer
may request primary points on the unreleased segment within the Primary Path
up to its entitlement on that segment and, for the Replacement Customer,
simultaneously may request primary points on the released segment within the
Primary Path up to its entitlement on that segment, both subject to the
availability of capacity and in accordance with the provisions of MRT's
tariff. A purported segmentation of a Primary Path or the creation/use of a
Secondary Path may not result, through the use of secondary point rights or
otherwise, in an impermissible overlap of capacity or other greater level of
entitlement to line or zone capacity than the entitlement measured by
reference to the Line Priority and Rate Zone Capacity under the original
contract prior to segmentation. Subject to MRT's agreement otherwise,
discounts under any contract are specific to the circumstances involved. No
discount rate applicable to those circumstances or to the original Primary
Receipt and Delivery Points shall apply to the use of secondary points or
Segment Receipt and Delivery Points, whether held by a Releasing or
Replacement Customer, unless MRT agrees otherwise. If a Customer, subject to
the availability of capacity and in accordance with the provisions of MRT's
tariff, changes a primary point, MRT shall not be obligated to reserve firm
capacity to reinstate the former primary point upon expiration of the
segmentation or the capacity release.