Sea Robin Pipeline Company, LLC

Second Revised Volume No. 1

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Effective Date: 12/31/2004, Docket: RP05- 87-000, Status: Effective

Original Sheet No. 163 Original Sheet No. 163 : Effective

 

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

 

10. CONTRACTING FOR UNSUBSCRIBED CAPACITY (Continued)

 

10.3 In the event that Sea Robin receives two (2) or more requests

for service which produce a comparable net present value,

whether during an open season or otherwise, any available

capacity will be allocated between or among such requests on a

pro rata basis; provided, however, if one or more party(s) is

offered capacity on a pro rata basis pursuant to this Section

and any party declines to execute the requisite agreements for

such capacity, such party's request shall be null and void as

provided in Section 2.6 and the available capacity will be

reallocated among the other comparable requests.

 

10.4 In the event capacity is not available to satisfy a request,

such request for service will be maintained, if such Shipper or

potential Shipper desires, in a firm service queue subject to

the notice requirements in Section 2.7. If and when capacity

subsequently becomes available, such capacity will be allocated

to pending requests in the firm service queue, on the date such

capacity becomes available based on the highest net present

value of the pending requests as provided above unless Sea

Robin elects to conduct an open season as provided in 10.5

below. Notwithstanding the above, any available capacity will

be awarded first to pending requests of existing shippers

requesting increases in MDQs pursuant to Section 4.2 of Rate

Schedule FTS-2; and if available capacity for any Delivery

Period cannot complete all such pending requests, the available

capacity will be allocated to all such requests on a pro rata

basis. If an open season is conducted, Shipper(s) or potential

Shipper(s) with pending requests in the firm service queue

shall be individually notified and given an opportunity to

participate in such open season. If such Shipper or potential

Shipper elects not to participate in any such open season,

then, at the end of the open season, its pending request shall

be deemed null and void.

 

10.5 In addition to the procedures set forth in Section 10.4 above,

Sea Robin shall have the right, but shall not be obligated,

from time to time to hold open seasons for potential expansion

projects or for capacity which has become available.

Notwithstanding the above, to the extent Sea Robin plans a