North Baja Pipeline, LLC

Original Volume No. 1

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Effective Date: 06/22/2009, Docket: RP09-608-000, Status: Effective

First Revised Sheet No. 117A First Revised Sheet No. 117A

Superseding: Original Sheet No. 117A

 

GENERAL TERMS AND CONDITIONS OF SERVICE

(Continued)

 

8. AVAILABILITY OF TRANSPORTATION (Continued)

 

8.1 Firm Transportation Service (Continued)

 

(a) Available Firm Capacity (Continued)

 

Following an initial Open Season for firm capacity that

becomes available, requests for posted, available, firm

capacity that reflect continuous service at a constant

contract quantity for the entire term of service at the

maximum rate will be honored on a first-come, first-served

basis, if such requests for capacity fall within the following

timelines:

 

 

Requested Service Term Service Commencement Date

 

1 Year or Longer 6 Months from Service Request

 

> 92 Days but < 1 Year 30 Days from Service Request

 

<= 92 Days 5 Days from Service Request

 

NBP may agree, but is not obligated, to sell firm capacity

outside of these timelines on a not unduly discriminatory

basis including, but not limited to, capacity sales as set

forth in Paragraphs 8.1(b) and 8.1(c) of these General Terms

and Conditions of Service.

 

(b) Future Sales of Capacity

 

NBP may sell firm capacity with service commencement dates

more than one year in the future, when such capacity is either

available unsubscribed capacity or capacity that will become

available and is not subject to a right of first refusal or

unilateral evergreen provision, by either conducting an open

season or by selling such capacity on a pre-arranged basis.

 

If NBP conducts an open season, it will post notice of the

open season on its Internet website. The minimum bid period

will be five (5) business days. Any potential shippers

wishing to acquire capacity may request an immediate or future

commencement date (if the capacity is currently available) or

only a future commencement date (if the capacity will only

become available in the future).

 

(Continued)