North Baja Pipeline, LLC
Original Volume No. 1
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Effective Date: 08/01/2009, Docket: RP09-689-000, Status: Effective
Third Revised Sheet No. 182 Third Revised Sheet No. 182
Superseding: Second Revised Sheet No. 182
GENERAL TERMS AND CONDITIONS OF SERVICE
19. CAPACITY RELEASE (Continued)
19.12 Crediting, Billing Adjustments and Refunds (Continued)
(f) Non-Payment or Default by Releasing Shipper (Continued)
NBP shall designate that the Election Period for Replacement
Shipper(s) will be a minimum of one (1) business day for
release capacity held for up to one (1) month; a minimum of
three (3) business days for release capacity held for greater
than one (1) month but less than one (1) year; and a minimum
of five (5) business days for release capacity held for one
(1) year or more.
If a Replacement Shipper does not elect to contract with NBP
at its replacement MDQ for the remaining term of its release
contract and at the rate level that the Releasing Shipper
originally contracted for, NBP shall have the right to
terminate the Replacement Shipper's Transportation Service
Agreement and offer such capacity through an open season
posting that will subject the capacity to competitive
bidding. NBP shall provide fifteen (15) days notice to
Replacement Shipper(s) and the Commission that service will
terminate pursuant to this paragraph. In the event
Transporter terminates service, Transporter may exercise all
remedies available to it hereunder, at law or in equity.
Replacement Shippers with prospective claims to temporary
release capacity where the temporary release occurs at least
one (1) year following the termination of the Releasing
Shipper's contract will not have rights to such capacity.
Prospective claims to permanent releases of capacity will be
honored to the extent that a Replacement Shipper meets NBP's
creditworthiness standards for Firm Transportation Service.
19.13 Adoption of NAESB Capacity Release Standards
The following NAESB Standards are adopted by, and clarify, the
capacity release provisions set forth in this Paragraph 19.
Unless otherwise specified, all standards are Version 1.8:
5.3.1; 5.3.4; 5.3.5; 5.3.9; 5.3.11; 5.3.12; 5.3.16; and 5.3.19