Sea Robin Pipeline Company, LLC

Second Revised Volume No. 1

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Effective Date: 02/23/2009, Docket: RP09-249-000, Status: Effective

First Revised Sheet No. 161 First Revised Sheet No. 161

Superseding: Original Sheet No. 161

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

 

9. CAPACITY RELEASE (Continued)

 

(e) For a capacity release with a term of more than 1 Year,

if any of the transportation rates billed to and paid by

the Replacement Shipper are found by the Commission to

exceed the rate which the Commission determines to be just

and reasonable and Sea Robin is ordered to make refunds to

Shippers which would have included the Releasing Shipper,

the Replacement Shipper shall be eligible to receive its

share of refunds to the extent of any amounts it paid in

excess of the rates the Commission subsequently determined

to be just and reasonable under the Service Agreement.

Notwithstanding the above, if the Replacement Shipper has

paid its obligation in full, Sea Robin's obligation to make

any refunds to the Releasing Shipper shall not include any

amounts associated with the released capacity for which Sea

Robin has distributed refunds to the Replacement Shipper.

 

For a capacity release with a term of one Year or less, the

rate paid by a Replacement Shipper, which is not subject to

the maximum rate cap, shall be deemed a final rate which is

not subject to refund. The Releasing Shipper of a capacity

release with a term of one Year or less shall be eligible

to receive its share of refunds to the extent amounts it

paid are in excess of the rates the Commission subsequently

determined to be just and reasonable under the Service

Agreement.

 

(f) If the Releasing Shipper and Sea Robin so agree, Sea Robin

shall receive a mutually agreeable fee for taking action to

market Releasing Shipper's firm capacity so long as such

actions constitute more than merely posting the Releasing

Shipper's offer. Such marketing fee will be debited to

Releasing Shipper's invoice.

 

9.10 Offers to Purchase Firm Capacity

 

Sea Robin agrees to post on Messenger® at a party's request

offers to purchase firm capacity on a permanent or temporary

basis. Each offer will remain on Messenger® for five (5)

Business Days before it is removed, unless the requesting party

notifies Sea Robin prior to the expiration of any five-day

period that it wishes to extend the posting for an additional

five (5) Business Days.