Mojave Pipeline Company
Second Revised Volume No. 1
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Effective Date: 06/03/2010, Docket: RP10-706-000, Status: Effective
Fifth Revised Sheet No. 241 Fifth Revised Sheet No. 241
Superseding: Fourth Revised Sheet No. 241
GENERAL TERMS AND CONDITIONS
(Continued)
9. Capacity Release Program (Continued)
9.12 Prequalification and Master Replacement Service Agreement:
(a) Any person may request that Transporter determine that it is
qualified to be a Replacement Shipper prior to submitting a
bid to purchase capacity. Such prequalification by
Transporter shall remain effective for six months subsequent
to the determination by Transporter. Any person who has
obtained a prequalification must report any subsequent
material adverse change in its situation to Transporter,
which shall then make a new determination of that person's
qualifications. If Transporter determines that any
Replacement Shipper that obtained capacity based on a
prequalification suffered a material adverse change in its
situation prior to obtaining capacity without reporting that
fact to Transporter, such Replacement Shipper must
immediately demonstrate to Transporter that it is qualified
to be a Replacement Shipper under Transporter's Tariff, or
Transporter shall have the right to terminate such
Replacement Shipper's Replacement Transportation Service
Agreement.
(b) Any person that has been prequalified as a Replacement
Shipper pursuant to Section 9.12(a) of the General Terms and
Conditions may enter into a Master Replacement Service
Agreement with Transporter that will apply to all released
capacity for which that person is the winning bidder.
9.13 Permanent Release: A Shipper may offer to make a permanent release
of capacity pursuant to the procedures of Section 9.2 or 9.3 of the
General Terms and Conditions with the Releasing Shipper fully
released from all of its obligations under its Transportation
Service Agreement and this Rate Schedule FT-1. Transporter may, on
a not unduly discriminatory basis, refuse to allow any permanent
release if it has a reasonable basis to conclude that it will not
be financially indifferent to the release. Transporter shall
provide written notification and the reasons for any denial of a
request for permanent release to the affected Releasing Shipper.
9.14 Refunds: Transporter shall make all refunds to the Releasing
Shipper. In no event shall Transporter be liable to Replacement
Shipper for refunds for providing transportation service. It shall
be Releasing Shipper's sole responsibility to flow refunds through
to its Replacement Shipper.