Mojave Pipeline Company
Second Revised Volume No. 1
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Effective Date: 06/03/2010, Docket: RP10-706-000, Status: Effective
Third Revised Sheet No. 238 Third Revised Sheet No. 238
Superseding: Second Revised Sheet No. 238
GENERAL TERMS AND CONDITIONS
(Continued)
9. Capacity Release Program (Continued)
9.3 Prearranged Releases. Prearranged releases shall not be subject to
the competitive bidding procedures if the release is: (1) for more
than one year at the maximum reservation charge(s) and reservation
surcharge(s); (2) for any period of thirty-one days or less,
pursuant to Section 9.11 of the General Terms and Conditions; (3)
to an asset manager as defined by FERC regulations at 18 C.F.R.
284.8; or (4) to a marketer participating in a state-regulated
retail access program as defined by FERC regulations at 18 C.F.R.
284.8.
(a) A Shipper electing to release capacity on a prearranged basis
not subject to competitive bidding procedures must post the
notice of release on Transporter's EBB or submit its notice via
an EDI upload utilizing the data sets included in the NAESB
Standards pursuant to the timeline for non-biddable releases in
Section 9.1(c).
(b) Releasing Shipper shall have the right to tender an offer for
all or a portion of the released capacity accepted by a
potential Replacement Shipper otherwise satisfying the terms
of this Tariff who is found by the Releasing Shipper.
Releasing Shipper shall include with the offer the name of
the prearranged Replacement Shipper as well as all of the
other information required by Section 9.1 hereof. The offer
to release shall be posted for the minimum time periods
specified in Section 9.1 of the General Terms and Conditions.
Such potential Replacement Shipper found by the Releasing
Shipper shall have the right of first refusal, exercisable
within the timeline provided under Section 9.1 of this
section, to match the highest price of any bid for such
capacity, based on the criteria of the prearranged
transaction.
(c) In the event the Replacement Shipper found by the Releasing
Shipper matches the highest bid, capacity shall be allocated
to that Replacement Shipper. In the event a potential
Replacement Shipper found by the Releasing Shipper agrees to
pay the maximum rate applicable to the released capacity for
the duration of the release and otherwise agrees to the terms
and conditions of the offer, then such offer to release shall
not be subject to the competitive bidding procedure, unless
the Releasing Shipper requests otherwise.