Mississippi Canyon Gas Pipeline, LLC
First Revised Volume No. 1
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Effective Date: 07/15/2000, Docket: RP00-317-000, Status: Effective
First Revised Sheet No. 119 First Revised Sheet No. 119 : Effective
Superseding: Original Sheet No.119
GENERAL TERMS AND CONDITIONS (cont'd)
19. SHIPPERS RELEASE OF FIRM CAPACITY
19.1 General:
This Section 19 sets forth the sole means by which a
Shipper under Rate Schedule FT-1 ("RELEASING SHIPPER"),
pursuant to Section 284.243 of the Commission's
Regulations, or a Shipper under Rate Schedule FT-2, may
release its firm capacity rights under a Transportation
Service Agreement with the Transporter to a third party
("ACQUIRING SHIPPER"). The provisions of Section 19
pertain solely to release of firm capacity rights under
FT-1 Transportation Service Agreements (TSA) for
subsequent service under Rate Schedule FT-1 or release
of firm capacity rights under FT-2 TSAs for subsequent
service under Rate Schedule FT-2 or FT-1.
19.2 Capacity Eligible For Release:
A RELEASING SHIPPER with an FT-1 or FT-2 TSA may
release firm capacity pursuant to this Section 19.
19.3 Types of Releases:
(a) Permanent Release: A RELEASING SHIPPER may release
all or part of its firm capacity under a TSA for
the entire remaining term of the TSA ("Permanent
Release") pursuant to the provisions of this
Section 19. A Permanent Release is an assignment
of capacity and any associated rights of the
RELEASING SHIPPER under Section 18 hereof for
avoiding pregranted abandonment. Therefore, the
ACQUIRING SHIPPER must meet Transporter's
requirements related to creditworthiness set forth
in Rate Schedules FT-1 or FT-2. The ACQUIRING
SHIPPER shall be required to execute a separate
TSA for the released capacity at or above the
maximum rate, if applicable, pursuant to Section
19.10 hereof, and applicable to and for the
primary term remaining under the RELEASING
SHIPPER's TSA, unless Transporter agrees otherwise
in a nondiscriminatory manner. Furthermore, the
ACQUIRING SHIPPER must contract for the Primary
Receipt and Delivery Points specifically set forth
in a RELEASING SHIPPER's Offer of firm capacity.
The ACQUIRING SHIPPER then has the right to
release its capacity on a permanent or temporary
basis under the terms and conditions of this
Section 19. Upon the successful completion of a
Permanent Release, the RELEASING SHIPPER shall be
responsible only for those charges under its TSA
incurred with respect to the released capacity
prior to the effective date of the Permanent
Release hereunder, as well as charges it continues
to incur for firm capacity not released on a
permanent basis.